The Florida Bar

October 24, 1962

When an attorney suspended from practice for six months with a petition for reinstatement pending asked if he may accept legal employment to do research work for a law firm, the committee held that it was not a matter of ethics.

Canon: 47

Chairman Holcomb stated the opinion of the committee:

A member of The Florida Bar has requested an opinion from the Committee on Professional Ethics of The Florida Bar on the following matter:

He was suspended from the practice of law in Florida in January 1961 for a period of six months, with a provision that he should not apply for reinstatement until six months after January 1961 and that he now has pending such a petition. He asked whether or not it would be permissible for him to accept employment with a legal firm to do legal research work, not including the drawing of pleadings or other legal documents.

Our Committee finds itself unable to agree on the matter, one member believing that it would be proper and citing Drinker at page 53 in which it is suggested that a firm in good standing would do a distinct service to the Court and to the Bar by employing a lawyer who had been suspended and not permanently disbarred. Another member believes that we should not render an opinion, but that the request should be directed to the Committee on Unauthorized Practice, and that it would appear that we are being called on to interpret a Supreme Court order, which we hesitate to do. We all agree that it is not a clear question of ethics.

[Revised: 08-24-2011]