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August 15, 2012
Draft proposed ethics advisory opinions

The Professional Ethics Committee will consider adopting proposed advisory opinions on the following issues based on inquiries from The Florida Bar Board of Governors, at a meeting to be held in conjunction with The Florida Bar Midyear Meeting, from 9:30 a.m. until 12:30 p.m. on Friday, September 21. There are no draft opinions available at this time. Pursuant to Procedures 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the issues presented. Proposed Advisory Opinion 12-2 would address on whether and under what circumstances lawyers may permit nonlawyers under their supervision (staff) to use the lawyer’s access credentials (log-in name and password) for filing documents with a court using the e-portal as a topic of interest among a significant number of Florida Bar members. Proposed Advisory Opinion 12-3 would address confidentiality concerns relating to lawyers’ use of cloud computing as a topic of interest among a significant number of Florida Bar members.

The Standing Committee on Advertising will consider adopting Proposed Advisory Opinion A-12-1 on the issue of lawyers’ use of metatags and hidden text on websites to optimize position in search engine results as a topic of interest among a significant number of Florida Bar members at the request of The Florida Bar Board of Governors. The committee will consider this issue at a meeting to be held in conjunction with The Florida Bar Midyear Meeting, from 2:00 until 4:30 p.m. on Thursday, September 20. There is no draft opinion available at this time. Pursuant to Procedures 4(c) and (d) of The Florida Bar Procedures for Issuing Advisory Opinions Relating to Lawyer Advertising or Solicitation, comments from Florida Bar members are solicited on the issues presented.

All comments to either the Professional Ethics Committee or Standing Committee on Advertising must contain the draft proposed advisory opinion number and state the issues for the committee to consider and may contain citations to relevant authorities. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300, or eto@flabar.org, and must be postmarked no later than September 15.

[Revised: 05-20-2014]