The Florida Bar
www.floridabar.org


OPINION 78-14
An attorney may engage in the practice of law and real estate from the same office.

CPR: DR 2-102(E), DR 2-102
Opinions: 73-18
Case: Bates v. State Bar of Arizona , 433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed. 2d 810 (1977)

Vice chairman Mead stated that opinion of the committee:

The issue presented is whether an attorney can engage in the practice of law and real estate from the same office. The inquiring lawyer requests a response specifically in light of "the advertising edicts permitted by recent changes relative to advertisement."

It has long been the Committee's position that the two professions must be conducted from offices that are functionally and geographically separate. This conclusion was based on DR 2-102(E), which prohibited the dual practice presented here, and our prior opinion 73-18 [since withdrawn] . However, we now recognize the deletion of the old DR 2-102(E) from the new Disciplinary Rule 2-102 as promulgated by the Florida Supreme Court in its decision of July 26, 1979, amending the Code of Professional Responsibility of The Florida Bar.

In view of the above revision of DR 2-102, the proposed conduct appears to be no longer prohibited. We caution the attorney, however, that the "feeder" aspect of this association may lead to direct solicitation not protected by the Bates decision or the recent changes in the Code related to advertising.




[Revised: 08-24-2011]