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The Florida Bar
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OPINION 73-41
March 11, 1974
Law firm employees who are not admitted to practice in Florida may not take depositions for the firm, nor may they do any work which constitutes the practice of law, even though the employees are law school graduates and are admitted in other jurisdictions.

Opinions: 62-6, 65-24, 67-39, 68-49

Vice Chairman Sullivan stated the opinion of the committee:

A law firm has two employees both of whom are law school graduates and are admitted to the bar in other jurisdictions but not in Florida. A member of the firm asks:

1. Whether the two employees may take depositions in the firm's office under the supervision, direction, control and responsibility of attorneys in the firm.

2. Whether these employees may take depositions outside of the firm's office under the supervision, direction, control and responsibility of attorneys in the firm.

The inquiry does not state whether members of the firm would be present during the taking of the depositions, but we are of the opinion that, whether or not members of the firm would be present, both questions should be answered in the negative.

We are of the opinion that the inquiring attorney's law firm may use the two employees only for work that does not constitute the practice of law. We adhere to the considerations expressed in Florida Opinions 62-6 [since withdrawn], 65-24 [since withdrawn], 67-39 and 68-49, which dealt with similar inquiries.




[Revised: 08-24-2011]