The Florida Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the The Florida Bar, with full citations and source links on every page.
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Can a Florida lawyer post about a client's matter on a listserv or online discussion group?
Only if the disclosure serves the client's interests and the client has not prohibited it. Where the client could be identified, the lawyer should get informed consent first.
Can a Florida lawyer use generative AI like ChatGPT in their practice, and what ethics rules apply?
Yes. Florida lawyers may use generative AI, but must protect client confidentiality, verify the AI's work, bill honestly, and label any client-facing AI chatbot as an AI rather than a lawyer.
Can a Florida lawyer respond to a negative online review posted by someone who was never a client?
Yes, but only if the response reveals no confidential client information. The lawyer may state the poster is not a client and that the lawyer's reply is constrained by ethics rules.
What are a Florida lawyer's duties when appointed to represent an alleged incapacitated person in an emergency temporary guardianship, including ex parte hearings?
The lawyer's duties can be harmonized with the guardianship statute even without client contact: investigate as practicable, test the petitioner's case, protect procedural rights, and then notify the …
Can a Florida lawyer accept client payments through Venmo or PayPal, including trust funds?
Yes. A lawyer may accept payments via services like Venmo or PayPal, including entrusted funds, if transaction privacy is protected and entrusted funds are promptly moved into a qualifying trust accou…
Can a Florida lawyer respond to a former client's negative online review?
A lawyer may not reveal information relating to the representation in response, but may post a general statement that the lawyer cannot respond fully and that the review is neither fair nor accurate.
How may a Florida lawyer pay a for-profit lawyer-matching or referral service without improperly splitting fees?
Payment is permissible if it is a fixed charge tied to the provider's marketing and administrative costs, not a cut of the lawyer's fee or a charge based on the value of the case.
Can a Florida lawyer charge a client interest on advanced litigation costs in a contingency case?
Yes, at a lawful and reasonable rate, if it is in the client's best interest, disclosed in writing at the earliest opportunity, and the client gives informed written consent.
Can a Florida lawyer split fees with an out-of-state lawyer whose firm has nonlawyer owners?
Yes, if the out-of-state lawyer is authorized to provide the services, nonlawyer ownership is permitted and complied with in that firm's home jurisdiction, and the fee split follows Florida's fee-divi…
Can a Florida lawyer refer clients to a finance company that loans them money to pay legal fees?
Yes, if the lawyer has no interest in the lender, offers other payment options, charges no higher fee, keeps the representation regardless of repayment, and gets no benefit beyond the fee.
Can a Florida personal injury lawyer forgive part of the advanced costs a client owes out of a small settlement?
Yes, in the circumstances presented: where there was no upfront agreement to be unconditionally responsible, the forgiveness occurs after settlement, and the lawyer takes no fee.
Can a Florida lawyer solicit clients in an Internet chat room, and does the lawyer have to file those messages with the Bar?
A lawyer may directly solicit prospective clients in a text-based chat room only if the message meets all the rules for direct written communications, and unsolicited solicitations must be filed with …
Can a Florida lawyer tell a client to delete posts or change privacy settings on social media before a lawsuit?
A lawyer may advise a client to set social media to private and to remove posts pre-litigation, but only if there is no spoliation or other legal violation and the removed data is preserved.
Can a Florida lawyer let multiple title insurers audit a single real estate trust account without the clients' consent?
Not where the account holds funds for clients unrelated to the auditing insurer, unless the affected clients give informed consent or the lawyer reasonably concludes the audit is necessary to serve th…
Can a Florida lawyer store client files in the cloud using services like Dropbox or Google Drive?
Yes, if the lawyer takes reasonable precautions: confirming the provider's security, retaining adequate access to the data, and researching the provider before use.
Can a Florida lawyer let a paralegal use the lawyer's e-filing portal log-in to file court documents?
Yes. A lawyer may give E-Portal credentials to a trusted, supervised nonlawyer to file documents the lawyer has reviewed and approved; the lawyer stays responsible for the filing, should monitor porta…
Can a Florida criminal defense lawyer advise a client to accept a plea that waives ineffective-assistance-of-counsel and prosecutorial-misconduct claims?
No. The defense lawyer has an unwaivable personal conflict of interest in advising on a plea that requires waiving ineffective-assistance and prosecutorial-misconduct claims, and a prosecutor may not …
Does a state attorney representing the Department of Revenue in Title IV-D child support cases owe duties of loyalty or confidentiality to the parents involved?
No. By statute the lawyer represents only the Department, not the parents, so no duties of loyalty or confidentiality run to the parents, and there is no conflict in later proceeding against a parent …
Can a Florida lawyer disclose a deceased client's confidential information to the estate's personal representative, beneficiaries, or heirs?
It depends on the circumstances. A lawyer may disclose confidential information to serve the deceased client's interests unless the client previously instructed otherwise, and doubt should be resolved…
Can a lawyer communicate directly with employees of a represented government agency about matters the agency's lawyer is not handling?
Only a defined group of agency people is off-limits, and only on matters the agency lawyer is known to represent: officers, directors, managers, employees directly involved in the matter, and employee…
What must a Florida lawyer do to protect client confidentiality on copiers, printers, scanners, and other devices that store data?
A lawyer who uses devices with hard drives or other storage media must take reasonable steps to protect client confidentiality and to have the device sanitized before disposal, including identifying t…
May a lawyer use firm letterhead to solicit political support or charitable contributions?
Yes, as long as the lawyer does not advertise the lawyer's experience or services. The committee concluded a lawyer may send a letter on firm letterhead soliciting political support or a charitable co…
Can a Florida lawyer who is a retired or former judge use the title 'Judge' on letterhead, business cards, or in advertising?
No. A retired judge who is actively practicing law may not use 'Judge' as a title, even when paired with 'former' or 'retired,' because it is misleading and may imply improper influence; the lawyer ma…
What must a Florida criminal defense lawyer do when a client is proceeding under a false name?
If the lawyer learns before agreeing to represent the defendant that the client is using a false name and cannot persuade the client to correct it, the lawyer must decline. If the lawyer learns it aft…
Does a Florida lawyer owe confidentiality to someone who sends unsolicited information through the lawyer's website or by email?
No, where the information is sent unilaterally with no reasonable expectation of confidentiality; that person is not a prospective client, so the lawyer has no conflict and may use or disclose the inf…
Can a Florida law firm outsource legal support work to overseas attorneys or paralegals?
Yes. A lawyer may engage an overseas provider for paralegal-type assistance if the lawyer adequately addresses assisting the unlicensed practice of law, supervision of nonlawyers, conflicts, confident…
What must a lawyer do when a client provides documents the client wrongfully obtained from the opposing party?
The lawyer must advise the client that the documents cannot be retained, reviewed, or used without telling the opposing party that the lawyer and client have them; if the client refuses to consent to …
What are a Florida lawyer's duties regarding metadata in electronic documents sent to or received from another lawyer?
A sending lawyer must take reasonable steps to protect confidential information, including metadata; a receiving lawyer must not mine metadata the lawyer knows or should know was not intended for them…
Can a Florida law firm store its closed client files only electronically, without keeping paper copies?
Yes, a firm may store files electronically, but not where a statute or rule requires retaining an original, where the original is the client's property, or where destroying the paper would harm the cl…
What must a criminal defense lawyer do when the client insists on committing perjury?
The lawyer must first try to persuade the client to testify truthfully; if the client still insists, the lawyer must disclose the client's intent to commit perjury to the court and move to withdraw, b…
Can a Florida lawyer agree to a settlement clause that limits the lawyer's ability to represent other clients against the same opposing party?
No. A lawyer may not propose or agree to a settlement clause that directly or indirectly restricts the lawyer's right to practice. Confidentiality clauses limited to the settlement terms and general r…
Can a lawyer let an insurer deposit settlement funds directly into the client's own account instead of the lawyer's trust account?
Yes, but only for the client's own share. A lawyer may participate in a settlement where the insurer deposits directly into the client's account only the portion owed to the client, but not where thos…
What must a lawyer do with personal injury settlement funds when a medical provider or other third party claims part of them?
There is no bright-line rule. The lawyer cannot help a client unlawfully avoid statutory liens or court orders, must honor agreements the lawyer is party to, and where the lawyer owes a legal duty to …
Can a Florida lawyer buy a deceased attorney's practice from the estate and tie the installment payments to future collections?
Yes. A lawyer may purchase a law practice from a deceased attorney's estate and agree to reduce the annual installment payments if the firm's collections fall below an agreed amount in future years.
Can a lawyer take a referral fee from a financial advisor for sending clients, or refer clients to the lawyer's own side business?
A lawyer may accept a referral fee from a nonlawyer securities dealer only if the referral is in the client's best interest, the lawyer fully discloses and obtains the client's informed written consen…
Can a lawyer holding a real estate deposit release it to the seller client, or require the client to sign an indemnity agreement, when the buyer defaults?
If the buyer has a valid legal claim to the escrowed deposit and the lawyer owes a legal duty to protect it, the lawyer may not release the funds to the seller client; the lawyer must hold them in tru…
Can a lawyer give a second opinion to someone who already has a lawyer in the matter?
Yes. Rule 4-4.2's bar on contacting a represented person applies only when the lawyer is representing a client in the matter, so a lawyer approached by a represented person for a second opinion or to …
Must a lawyer hired by an insurer to defend an insured give the client the Statement of Insured Client's Rights in an employment discrimination case?
Only if the discrimination claim includes an element of personal injury. Then Rule 4-1.8(j) requires giving the Statement of Insured Client's Rights at the start of the representation. If there is no …
Can one lawyer represent both the driver and the passenger from the same car accident?
It depends on the facts. Where the passenger has no actual or potential claim against the driver and coverage is sufficient, one lawyer may represent both; but where objective evidence supports a clai…
Can a lawyer refer a personal injury client to a non-recourse litigation funding company and share case information with it?
Only in limited circumstances and in the client's interest. The lawyer may tell the client such companies exist after discussing the costs versus benefits, but may not recommend the case to a funder, …
Can a Florida lawyer pay a paralegal or legal assistant a bonus based on the number of hours they billed?
No. Rule 4-5.4(a)(4) lets a lawyer pay a nonlawyer employee a bonus for extraordinary efforts on a case or over a set period, but a bonus calculated solely on the hours the nonlawyer worked treats eve…
Can a Florida lawyer offer legal services to clients over the internet?
The opinion concluded a lawyer could provide legal services over the internet, through the lawyer's own law firm, for matters not requiring in-person consultation or court appearances, subject to all …
Does a Florida lawyer have to file an informational newsletter sent to prospective clients with the Bar, and refile every issue?
The first issue of a newsletter mailed to prospective clients must be filed with the Bar's advertising committee for review. Later issues need to be filed only if they add new firm information that is…
Can a law firm keep a former partner's name in the firm name after that partner retires and becomes 'of counsel'?
The opinion concluded that a firm could continue to use a retired partner's name in the firm name if the firm's name was established, the retired partner was 'of counsel' in the traditional sense (wor…
Can salaried in-house attorneys employed by an insurance company practice under a firm name that makes them look like an independent law firm?
The opinion concluded that in-house attorneys employed to represent insureds could not state or imply that they practice in a separate, independent law firm, and that their employment relationship wit…
Can a lawyer accept a flat fee per case from an insurance company to handle all of its insurance defense work?
The opinion concluded that a set fee per case for third-party insurance defense was not per se prohibited, but the lawyer could not accept a fee so low that it impaired her independent professional ju…
Can a lawyer use a medical-legal consulting service that is paid on a contingency fee to supply an expert witness for the client's case?
The opinion concluded it was impermissible for an attorney to enter into an arrangement with a medical-legal consulting service on a contingency fee basis to provide services to the client, including …
Can a lawyer accept referrals from an heir-hunting service or represent both the service and the heir in the same probate matter?
The opinion concluded that an attorney could not accept referrals from an heir-hunting service, nor represent the service and an heir jointly, where the service sought to represent heirs in a pending …
In a joint representation of spouses, can a lawyer reveal one spouse's secret to the other, and must the lawyer withdraw?
The opinion concluded that the lawyer's duty of confidentiality to the communicating spouse prevailed: the lawyer could not reveal the husband's separate confidence to the wife and was required to wit…
Can a law firm assign unpaid fee accounts to a firm-owned corporation and then represent that corporation in suing the former clients?
The opinion concluded that a firm could assign delinquent fee receivables to a corporation wholly owned by the firm's partners and could represent that corporation in collection suits against former c…
Can one attorney act as a neutral 'closing agent' for both the buyer and the seller in the sale of a business?
The opinion concluded that an attorney could not act as 'closing agent' for a business sale where material terms of the contract had not been agreed to or discussed, because such a transaction present…
When an insurer hires a lawyer to defend its insured, can the lawyer follow the insurer's instruction to file a motion that would harm the insured?
The opinion concluded that the lawyer's primary duty is to the insured and that the lawyer could not file a summary judgment motion at the insurer's instruction where the lawyer had determined the mot…
Can a lawyer agree to pay the attorney's fees and costs assessed against the client under the offer-of-judgment statute if the client loses?
The opinion concluded that an attorney could not ethically agree to pay fees and costs assessed to a client under the offer-of-judgment statute, because doing so would be prejudicial to the administra…
Can a law firm that represents local law enforcement agencies on civil matters also do criminal defense work in the same county?
The opinion concluded that a firm representing local law enforcement on civil and administrative matters is not per se barred from criminal defense work in the same county; whether dual representation…
Can a lawyer agree to be responsible for all of a client's litigation costs even if the client recovers?
The opinion concluded that an attorney could not unconditionally agree to be responsible for a client's litigation costs; Rule 4-1.8(e) permits advancing costs for a non-indigent client but contemplat…
Can a lawyer take a retainer and a share of a nonlawyer company's contingent fee to handle the company's securities-arbitration clients?
The opinion concluded that the proposed affiliation was improper, raising problems of conflicts of interest, prohibited solicitation, fee-splitting with a nonlawyer, and assisting the unauthorized pra…
Can a lawyer work for a nonlawyer-owned company representing Social Security disability claimants and share the fees?
The opinion concluded that a bar member who maintains a law practice or holds out as a lawyer could not enter a business arrangement with a nonlawyer to represent Social Security disability claimants,…
When is an 'of counsel' lawyer treated as part of the firm so the fee-division rules don't apply?
The opinion concluded that an 'of counsel' lawyer is in the same firm for fee-division purposes only if the lawyer practices through that firm exclusively; a referral to an 'of counsel' lawyer with an…
Can a law firm run a mediation department under a separate trade name and list nonlawyer mediators on its letterhead?
The opinion concluded that a firm may operate a mediation department but must run it under the Rules of Professional Conduct: nonlawyer mediators may not own part of the firm or department, the advert…
Can a lawyer threaten to file a bar grievance against opposing counsel to gain an advantage in a civil case?
The opinion concluded that, under most circumstances, it is ethically impermissible to threaten a fellow bar member with a disciplinary complaint; where the lawyer is required to report misconduct, th…
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Legal ethics opinions from the The Florida Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.