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Sole Practitioners to Workers' Compensation Practice



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Sole Practitioners
Threats
Trial Publicity
Trust Accounts
Unlicensed Practice of Law
Wills, Estates, and Trusts
Withdrawal
Witness, Lawyer as
Witnesses
Worker's Compensation Practice


Sole Practitioners

Closing out practice
Disposition of client files 74-43, 77-1, 81-8
Division of fees with lawyer taking cases 74-47, 77-1
Office manager signing on trust account 64-40, 64-40 Rec.
Office-sharing with
Lawyers 67-21, 70-14, 76-11, 77-3
Nonlawyers 60-37, 61-9, 66-57
Separate partnership with nonlawyer to practice before state or federal agencies 65-4, 95-1


Threats

Criminal prosecution
Generally 89-3
Notice of worthless check 85-3
Bar Grievance 94-5


Trial Publicity

Allowing reporters to see copy of deposition 65-43
Government attorneys' obligations 70-43

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Trust Accounts

Charging fees and expenses from two cases against settlement received in one case 62-15
Checks identifying lawyer as lawyer 65-14
Costs advances from client placed in trust account 93-2
Credit card payments 76-37
Deposit held in trust by seller’s attorney when buyer is in default 02-6
Disclosing possession of client's funds to client's creditors 60-34
Disclosing trust account records to third parties 72-3, 93-5
Disputed funds held in trust 02-4
Fees, which to place in trust accounts 93-2
Funds held for a "specific purpose" 82-, 87-12
Liens. See Liens .
IRS demands records 72-3
Keeping client funds in several accounts to ensure complete FDIC coverage 72-37
Nonlawyer employee as a signatory 64-40, 64-40 Rec.
Nonrefundable retainer 93-2
Placing client funds in interest-bearing deposits with interest going to law firm 72-13
Settlement proceeds deposited directly info account in client's name 00-2, 00-2 (Rec)
Title insurance company requests agent's records for audit 93-5
Writ of garnishment served on attorney 66-78
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Unlicensed Practice of Law

Bank's attorney signing and mailing form collection letters filled out by bank employees 75-4
Business corporation practicing law 88-13
Client's business providing mechanic's lien services to contractors 69-15
Collection agency's lawyer
Allowing agency to send form letters on law firm's letterhead 70-27
Representing agency's clients in collections 66-72
Consulting service for condominium developers 63-37
Corporation rendering professional services to building trade 64-25
Dividing fee with lawyer residing but not admitted in Florida 60-18, 62-3, 90-8
Lawyer employed by
Insurance company preparing estate analyses for prospective clients of company 64-33
Tax adviser company to represent taxpayers seeking ad valorem tax reductions 64-29
Lawyers not admitted in Florida 67-39, 68-49, 73-41
Mediation practice with nonlawyer mediators 94-6
Nonlawyer employees of law firm 70-62, 73-41, 73-43, 74-35, 87-11, 88-6, 89-5
Outsourcing 07-2
Partnership with nonlawyer to practice before state or federal agencies 65-4, 95-1
Preparing
Closing instruments or deed at request of real estate broker without contact with parties 61-1, 67-14
Documents for "estate protection service" for submission to customers 67-11
Estate analyses for use of insurance company's agents 64-33, 64-70
Pleadings without signing as attorney for party 79-7, 79-7 REC
Trust at request of trust company without contact with client 67-15, 95-2
Providing
Corporation with title insurance policies for sale to public 69-42
Mutual fund with prototype trust instruments for use by agents of fund 72-21
Representation of
Clients solicited by heir-hunting service 77-8, 97-3
Clients solicited by public adjusters 92-3
Clients solicited by securities arbitration company 95-2
Employees' association and individual members 61-5
Heir-finders who purchase claims to escheated property 73-32
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Wills, Estates, and Trusts

Agreement among attorneys who are not partners to divide fee if any of them probates will drafted by another of them 66-37
Binding agreement included in will setting attorney's fee for handling probate 64-15
Confidentiality of deceased client's information 10-3
Conflict of interest between husband and wife 95-4
Donation of will for charitable auction 86-9
Drafting instrument when uncertain as to legality 76-35
Duties owed by lawyer for personal representative to surviving spouse of decedent 76-16
Estate analyses prepared for insurance agents for presentation to prospective insurance clients 64-33, 64-70
Estate's attorney withholding appraisal of assets from IRS 65-54
Firm that drafted will
Giving executor an inventory of client's assets 72-40
Representing executor 64-39, 66-63, 72-40
Foundation attorney preparing wills for foundation constituents and guests 61-26
Heir finders
Accepting referrals from 97-3
Representation of 73-32
Joint representation of husband and wife in estate planning 95-4
Memorandum for testators on effects of changed circumstances on wills 64-60
Notification to testators of changes in law affecting wills 64-61
Preparing documents for "estate protection service" for submission to customers 67-11
Prototype trust instruments provided to mutual fund for use of agents 72-21
Representing client in probate of common-law husband's estate after client reveals deceased husband has legal wife in another state 65-50
Trust prepared pursuant to referral from trust company without contact with client 67-15, 95-2
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Withdrawal
Assistant city attorney's duty when defendant in private client's suit files third party complaint against city 76-18
Court denies motion to withdraw 93-8
Duty to withdraw when lawyer may be called as witness 64-39, 66-63, 72-2, 74-36, 76-26
Fees, entitlement to when matter referred out due to conflict of interest 62-57, 73-2, 89-1, 02-3
From worker's compensation case because inadequate fee will be awarded 69-9
Preventing harm to client 73-25, 84-3, 02-3
Removal of partnership's client files by withdrawing partner 69-1
Representation in civil action hindering representation in related criminal action 74-52
Supervising attorney influencing subordinate Legal Services attorney's decision to withdraw 78-15
Transitional conferences 66-22, 84-3
Upon
Client's refusal to submit to competency determination 73-25
Conflict developing between interests of jointly represented clients 69-2, 95-4, 02-3
Discovering client's claim is fraudulent 63-23
Dispute developing between clients 70-57
Learning that criminal defense client is using a false name 90-6 (Rec)
Learning that client deliberately lied at deposition 75-19
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Witness, Lawyer as
Attorney who was witness in one suit brought against corporation representing corporation in second suit brought by same plaintiff 66-76
Dividing contingent fee with attorney who served only as witness 68-19
Drafter of will representing executor in will contest although likely to testify 64-39, 66-63
Duty to decline or withdraw when
Another member of firm is likely to testify in client's behalf 66-63
It appears necessary for lawyer to testify in client's behalf 76-26, 92-6
Opposing counsel intends to call lawyer as witness 64-39, 72-2, 74-36
Representing own firm in suit when other members of firm will testify 84-4

Witnesses
Advancing expert witness fee 67-44, 72-27
Contingent fee paid to consulting firm that provides expert witness 98-1
Criminal defense lawyer suggesting that witness seek counsel 75-44
Dividing contingent fee with lawyer who served only as witness 68-19
Interviewing opposing party about party's anticipated testimony 69-40
Lawyer representing defendant in class action and related criminal prosecution conferring with person who is both plaintiff in civil case and witness for state in criminal case 74-52
Lawyer's wife testifying in behalf of client on fitness for child custody 61-31
Paying for testimony of occurrence witness 64-42
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Worker's Compensation Practice
Associate of firm representing employer/carrier moving to firm representing claimant 65-46
Claimant's attorney
Communicating directly with insurance carrier's claims personnel in litigated matter 65-62
Declining to prosecute penalty for late payment of award 65-38
Discharged attorney petitioning for fee 66-42
Representing
Both claimant and employer 62-63
Carrier and employer, preparing coverage opinion letter 93-8
Claimant when president of employer is close friend or client 65-23
Withdrawal from worker's compensation case without seeking approval because inadequate fee will be awarded 69-9


[Revised: 08-24-2011]