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The Florida Bar
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Conflict of Interests



Accepting client referred by firm having conflict of interests 73-2, 89-1
Accepting set fee per case from insurance company 98-2
Adding as defendant a person who paid part of cost deposit and discussed suit with attorney 68-34
Adoption intermediation 85-2
Arbitration 87-10
Assistant state attorney advising crime victims of existence of civil restitution lien 94-2
City councilman representing client re: accident investigated by city police 71-25
Current multiple representation
    Advisor to city's personnel board representing private clients before or against city 59-25, 69-21
    Attorney acting as trustee for loan company that loans money to client     92-6
    Attorney employed by insurance carrier to represent defendant advising defendant of plaintiff's offer to release defendant     65-70
    Both parties in divorce     60-9, 71-45, 71-45 Rec.
    Carrier and employer, preparing coverage opinion letter     93-8
    Client's business competitor over client's objections     68-10
    Codefendants     72-50, 87-1
    Condominium developer and owners' association controlled by developer     69-2
    Continuing representation of wife in post-dissolution proceedings after husband joins group represented by partner     85-1
    Corporation and principal in consolidated litigation in which their positions are facially adverse     70-5
    County attorney
      Also representing property owners in condemnation suits 59-2, 69-22
      Representing individual commissioner before state ethics commission       77-30, 77-30 Rec
      County government and traffic defendants in county court       81-7
      County prosecutor representing plaintiff in auto accident case against defendant charged with criminal violation       59-2
      Defending client in two negligence actions brought against him while defending another person in unrelated negligence action brought by same client       65-13
      Estate Planning       95-4
      Heir hunting service and heir       97-3
      Insurance company's lawyer also representing
        Another party in friendly suit 66-5, 76-2, 77-18
        Employer, preparing coverage opinion letter         93-8
        Insured when clients' interests conflict         78-17
        Insured when insurer restricts performance of duties         81-5
        Physician in malpractice action         86-6
      Insured and claimant minor when paid by insurer 66-5
      Legal advisor to both zoning commission and zoning appeals board       72-12
      Legal aid organization representing conflicting interests       67-37
      Legal service organization may represent one party or refer opposing parties to private pro bono attorneys       92-1
      Legal services attorney representing defendant when plaintiff represented by member of board       69-24
      Municipality in one type of matter and private clients against municipality in other matters       75-33
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"Of counsel" lawyer and member of law firm representing opposing parties 61-20
Office-sharing lawyers representing opposing parties 77-3
One client in suit against another client 60-36, 62-59, 70-57
Opposing parties 61-20, 71-45, 71-45 Rec., 77-3
Personal injury plaintiffs against particular insurance company and same insurer against other personal injury plaintiffs 65-41, 75-17, 75-17 Rec.
Physician and insurance carrier in malpractice action 86-6
Plaintiff in civil action against defendant and same defendant in unrelated criminal case 68-53
Police legal advisor/legal officer engaged in criminal defense work 76-43, 78-7
Police organization and individual police officers 74-34
Preparing coverage opinion letter when representing carrier and employer 93-8
Public defender serving simultaneously as prosecuting attorney 68-57
School board represented by assistant state attorney 65-72
Sheriff represented by lawyers who maintain criminal defense practice 74-37, 74-37 Rec., 76-3, 78-8
State board consisting of governor and cabinet represented by firm that also represents private clients in suits against cabinet members and state agencies 65-42
Union and its individual members 67-23
Wives in two support cases when success on behalf of one will affect other adversely 77-23
Duty of lawyer
    Employed by insurer to tell insured of plaintiff's offer 65-70
    For insurance company to injured minor     66-5
    For personal representative to surviving spouse of decedent     76-16
    Representing joint clients in estate planning, upon learning separate adverse confidence     95-4
    Who resigned as director and counsel of corporation because of president's conduct     65-59
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Employment by bank to prepare necessary documents for corporate employers adopting pension or profit-sharing plans to be administered by bank 64-71, 64-74
Fees, entitlement to when matter referred out due to conflict 62-57, 73-2, 89-1, 02-3
Former
    Law clerk to federal judge performing legal services for trustee in bankruptcy matter in which he was formerly involved 76-24
    Partner of hospital president defending medical staff in suit based on actions taken by staff during time law partnership existed     72-17
    Prosecutors and government attorneys     60-24, 62-58, 66-62, 67-21, 69-14, 72-41, 72-41 Rec., 75-43
Former client
    A represented in transaction with B, then B against A in related matter 62-59
    Assistant attorney general handling litigation for state against former client     71-14
    Attacking validity of document drawn for client     59-32, 68-16
    Attorney whose firm organized corporation later representing plaintiff in litigation against corporation     69-32
    Client in litigation against former client     70-52, 71-18
    Cooperative represented first, then member attacking bylaws change     68-16
    Defending owner in suit by passenger and then defending driver in suit by owner     65-56
    Handling lender's foreclosure of borrower's mortgages after representing borrower in course of duties as lender's attorney     61-23, 71-18
    Holding settlement discussions with husband and wife and then representing one in obtaining dissolution     79-7, 79-7 REC
    Husband represented in divorce after both spouses represented on other matters     73-3
    Joining firm representing plaintiff after having represented defendant in related suit     66-22
    One member of firm representing one party to accident, then second member of firm representing second party in suit against first one     72-7
    One party to accident represented in suit against second, then third party represented against first     66-77
    Representing employee of corporate client and later advising corporation on unrelated claim made against it by same employee     67-16
    Resigning as counsel to corporation and then representing stockholders in derivative action     65-59
    Taking sides in dispute arising from transaction after representing all parties in transaction     66-60, 69-37
    Worker's compensation claimant represented after representation of president of corporate employer     65-23
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Imputed disqualification
    Associate of firm representing one party moving to firm representing opposing party 65-46
    City attorney attacking validity of instrument drawn by partner when partner was city attorney     59-32
    City official's partner     62-5
    Continuing representation of wife in post-dissolution proceedings after husband joins group represented by partner     85-1
    Defendant's former attorneys joining firm representing plaintiff in related suit against same defendant     66-22
    Government attorney's partner or associate     60-12, 63-24, 67-12, 72-38, 96-2
    Hospital commissioner's law firm suing hospital on behalf of client     74-8
    Legislator's partner     73-19, 76-5
    "Of counsel" lawyer representing
    Criminal defendants in cases on which new partner in firm worked while prosecutor     72-41, 72-41 Rec.
      Defendant while firm represents plaintiff 61-20
    One member of firm representing driver in traffic court while another member represents owner in suit against driver 72-7
    Opposing parties represented by lawyers sharing office space     77-3
    Prosecuting someone formerly represented by partner     63-31
    Prosecutors' law firms     60-13, 64-72, 66-1, 68-35, 72-9, 75-14, 78-5
    Public officials' law firms     62-5, 65-2, 65-57, 67-12, 71-59, 73-19, 76-5
    Representing driver and passenger in car accident     73-2, 02-3
    Representing sheriff while partner engages in criminal defense practice     74-37, 74-37 Rec., 76-3, 78-8, 96-2
    Transitional conference with client's successor counsel after withdrawing due to conflict of interest     66-22, 84-3
    Insurance arbitration     87-10
    Insurance. See also     Insurance Cases .
    Insurance company lawyer preparing estate analyses for prospective clients of company     64-33
    Insurance company lawyer representing employer, preparing coverage opinion letter     93-8
    Intermediary in private adoption     85-2
    Lender's attorney examining title in connection with loan, with fee charged to borrower     63-21
    Loan company loans money to clients with attorney as trustee     92-6
    Mayor referring cases against city     62-57
    Medical malpractice     86-6, 87-1
    Municipal advisory board member representing private clients before other municipal agencies     74-27
    Nonlawyer employees of law firms     86-5
    Opposing counsel intends to call lawyer as witness     64-39, 72-2, 74-36
    Outsourcing     07-2
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    Personal interests of lawyer
      Assistant city attorney who is president of city employees association presenting its proposals to municipal officials 64-57
      Clients referred to
        Bank for real estate loan in return for lawyer getting bank's closing and title insurance business 62-72
        Business in which lawyer has interest         72-26, 73-1, 02-8
        Particular businesses or institutions in return for referral fee         60-26, 63-14, 67-25, 70-13, 02-8
      Filing class action naming self as class representative, seeking to represent class as attorney and seeking attorney's fee 75-7
      Government attorney's membership in employee union       64-57, 77-15 & 77-15 BOG
      Hospital commissioner's law firm representing client in suit against hospital       74-8
      Involvement with securities arbitration company that solicited client       95-2
      Lawyer's Title Guaranty Fund member representing client on claim against fund       66-11
      Providing or obtaining title insurance and retaining part of premium       61-60, 70-49, 74-50, 75-6, 75-40, 76-36
      Representing worker's compensation claimant when president of corporation is close friend       65-23
      Requiring client to sign an indemnity agreement before releasing funds held as deposit in real estate transaction 02-6
      Serving as attorney for public board chaired by partner 65-57
      Setting up own corporation to act as fiscal agent for cities while also representing cities using corporation's services       61-13
      Subordinating right to enforce fee award to needs of client       65-8
    Principal in corporation representing corporation in litigation in which he will be material witness 76-26
    Prospective client     02-3
    Reducing to writing settlement agreement reached by client and unrepresented spouse     66-8
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    Representing
      Civil plaintiff after conducting related criminal proceedings as coroner 61-22
      Client in restoration of competency after having been removed as counsel for same client in personal injury action       63-11
      Clients solicited by heir-hunting service       77-8, 97-3
      Department of Insurance in child support cases 11-1
      Insurance carrier and serving as non-neutral arbitrator       87-10
      Insurance carrier and employer       93-8
      Insured in dispute with insurance carrier when carrier is paying fee       70-58
      Insured when insurer instructs attorney to file for summary judgment       97-1
      Insured when insurer restricts performance of duties       81-5
      One party in dissolution of marriage and preparing settlement agreement or answer for signature of other, unrepresented party       66-8
      One spouse in obtaining dissolution after holding settlement discussions with both       79-7, 79-7 REC
      Own law firm in suit against client for fees       84-4
      Passenger and driver, transitional conference upon withdrawal       73-2
    Securities arbitration business, lawyer accepting referrals 95-2
    Successive representation
      Accident victim against hotel subsequent to period in which hotel was insured by another client 59-37
      Court-appointed counsel for criminal defendant representing same client in subsequent suit against state       73-47
      Department of Insurance lawyer in child support cases 11-1
      Former law clerk to federal judge performing legal services for trustee in bankruptcy matter in which he was formerly involved       76-24
      Handling lender's foreclosure of borrower's mortgages after representing borrower in course of duties as attorney for lender       61-23, 71-18
      Insurance company A's counsel appearing for plaintiff in action against insurance company B after A and plaintiff settle       66-7
      Serving as "next friend" in proceedings to reestablish person's civil rights and subsequently representing her in proceedings to establish common law marriage       60-23
      Temporary positions       88-12
      Widow in airplane collision case against two pilots and then representing one pilot against the other in suit based on same incident       62-9
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    Supervising attorney influencing lawyer's professional judgment 78-15
    Switching sides
      Advising tax assessor in property dispute between city and corporation, then representing city in declaratory action filed by tax assessor 69-7
      Associate of firm representing employer/carrier moving to firm representing claimant       65-46
      Attacking validity of document drawn for client       59-32, 68-16
      Conducting examination of taxpayer's returns while a lay employee of IRS and later representing same taxpayer in related IRS investigation       71-1
      Consulting with two parties to accident, representing one in traffic court, then representing second one in related suit against first one       72-7
      County attorney representing county in condemnation proceeding after having represented some property owners in same matter       66-53
      Defendant's former attorneys joining firm representing plaintiff in related matter       66-22
      Department of Insurance lawyer in child support cases 11-1
      Divorce action       60-9
      Nonlawyer employee moving from one law firm to opposing firm in litigation 86-5
      Representing group that opposed rezoning of tract and later representing party seeking similar rezoning of adjacent tract       68-12
      Temporary placement agencies for lawyers       88-12
      Transitional conferences held between withdrawing law firm and substitute counsel       66-22, 84-3
      Union membership       64-57, 77-15, 77-15 BOG
      Waiver of conflict       02-3
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[Revised: 03-27-2013]