Ethics Opinions by Subject "Legal Aid" to "Newsletters and Notices"

Legal Assistants and Nonlawyer Employees

Attending real estate closings 73-43, 89-5
Bonus 02-1
Business cards 71-39, 86-4, 89-4
Depositions taken by non-Florida Bar members 73-41
Dividing fee with nonlawyer employee impermissible 62-18, 89-4, 92-3, 94-6, 95-1, 95-2, 02-1
Drawing checks on trust account 64-40, 64-40 Rec.
Filing court documents using the lawyer's electronic credentials 12-2
Heir hunters 77-8, 97-3
Initial interview with client, conducting 88-6
Law clerks 70-1
Lawyers not admitted in Florida 61-14, 67-39, 68-49, 73-41
Legal services corporation employing law students to interview prospective clients to determine eligibility 70-1
Letterhead listings 61-14, 67-39, 68-49, 86-4, 89-4, 94-6
Marketing director 89-4
Mediation practice 94-6
Moving from one firm to another firm opposing it in litigation 86-5
Negotiating with insurance company adjusters 74-35
Nonadmitted lawyers 67-39, 68-49, 73-41
Outsourcing 07-2
Pension plan 68-58
Permissible activities 64-40, 64-40 Rec., 70-1, 70-62, 73-41, 73-43, 74-35, 88-6, 89-4, 89-5, 94-6, 95-1
Preparing real estate documents 73-43, 89-5
Signing

Attorney's name on notice of hearing

87-11

Discovery

87-11

Letters on firm's stationery

86-4

Time billed separately to client 75-29, Consol. 76-33 & 76-38, 07-2

Letterhead and Cards

Business cards
Corporate attorney located in but not admitted in Florida 70-44

In-house attorney employed to represent insureds

98-3

Leaving supply with bank officer

62-69

Listing residence address and telephone number

Marketing director

Nonlawyer employees

Congressman's name kept in firm name 70-64
"Juris Doctor" or "J.D." used on letterhead and cards 71-28, 88-2
Jurisdictional limitations of lawyers in interstate firm indicated 70-55
Letterhead

"Consultant" designation Consol.

79-2

81-2

Continued listing of lawyer accepting employment as general counsel for out-of-state corporation

67-38

Deceased partners listed

64-20

76-42

Distinguishing between partners and associates

77-17

Dual professions shown

79-3

"Firm name" used by in-house attorneys

98-3

Firm that represents railroad company using company's stationery bearing legend "Division Counsel" or "Law Department"

68-33

Former judge's use of title "judge"

A-09-1

Former name of law firm indicated

67-8

76-42

"General counsel" designation Consol.

79-2

81-2

In-house counsel using individual letterhead

98-3

Judge's name kept in firm name or on letterhead

67-8

Jurisdictions where admitted shown Consol.

79-6

80-2

Listing lawyer

Employed by firm but not admitted in Florida

61-14

,
Not employed in some capacity by firm

76-8

When relationship is limited to office-sharing and referrals

72-29

Who is a congressman

70-64

Who is a public official

64-20

67-8

70-64

Multiple offices listed 65-25, 67-2
Name

"Associates" used in name

86-1

"Firm name" used by in-house attorneys

98-3

Nickname used in law practice 74-20
Nonlawyer employees listed 61-14, 67-39, 68-49, 86-4, 94-6
"Of counsel", See Of Counsel.
Out-of-state

Attorney listed when no partnership exists

64-59

70-55

Employed by firm but not admitted in Florida

61-14

Member practicing both individually and with firm

76-7

Office maintained by only one member of partnership listed on partnership letterhead 67-2
Partners who are professional associations identified 79-1
Public official's name kept in firm name 70-64, 64-20, 67-8
Removal of name of partner on 18-month leave of absence 72-18
Retired member 76-42, 00-1
Trade names 93-6, 93-7, 94-6
Used

For correspondence with other lawyers regarding nonlegal matters

74-10

(Rec.)
To endorse political candidate

62-45

To solicit contributions to charity

73-11

74-10

(Rec.)

Letters of Protection

Funding company, improper to issue to 00-3
Instituting interpleader action when client withdraws authority to pay medical bills 67-36
Settlement funds in which a third person claims an interest 02-4

Liens

Applying funds received from or on behalf of client

In one case to fees owed for another case

62-15

To satisfy judgment for fees 87-12, 87-12

Charging lien 71-60, 88-11, 88-11 Rec.
Contingent fee cases 71-57, 88-11, 88-11 Rec.

Prior attorney

68-37

70-18

76-29

Promissory note and mortgage to secure fee

68-61

70-12

Retaining liens

Claimed when forwarding attorney demands portion of recovery as fee 68-37, 70-18, 76-29
Files 71-57, 88-11, 88-11 Rec.
Funds of or due client 62-15, 65-10, 68-37, 70-17, 82-2, 87-12
Papers and property 62-71, 65-10, 68-21, 71-67, 88-11, 88-11 (Rec.)
Revealing privileged information to establish right to charging lien 71-60
"Specific purpose" funds 82-2, 87-12
Statutory leins 02-4

Litigation

Affidavits, lawyer signing for client 64-36
Contingent fee paid to consulting firm that provides expert witness 98-1
Duty to file suit to toll statute of limitations when client disappears 72-36, 72-36 Rec.
Frivolous suits 64-21
Inadvertent release of confidential information by adversary 93-3
Notarizing client's execution of pleadings 67-19
Perjury by client 75-19
Permitting nonlawyer representative of client bank to conduct deposition of judgment debtor 67-27
Pleadings prepared but not signed by lawyer 79-7, 79-7 REC
Preparing answer for signature of unrepresented opposing party 66-8
Sending notice of worthless check 85-3
Serving processor notice directly on represented opposing party when required by statute 89-6
Settlement conditioned on direct payment into checking account in client's name 00-2, 00-2 (Rec.)
Subpoenaing records known to be not germane to pending litigation 71-38
Trial publicity 65-43, 70-43

Misconduct
Attorney pleading statute of limitations when sued 65-37
Creditor's attorney sending debtor deceptive form letter 68-2
Defending self against charges 70-40, 71-60
Discovery abuse 71-38
Frivolous litigation 64-21
Interviewing opposing party to investigate counsel's misconduct 88-4
Legal negligence not necessarily equivalent to ethical neglect 76-9
Partners' obligations when former partner misappropriated client funds 73-5
Reporting another lawyer's misconduct 76-47, 94-5

Newsletters and Notices
Informational newsletters to prospective clients A-99-1
Memorandum for testators on effects of changed circumstances on wills 64-60
Notification to testators of changes in law affecting wills 64-61
Requirements for Standing Committee on Advertising review A-99-1

[Revised: 12-11-2012]