The Florida Bar
www.floridabar.org
PROFESSIONAL ETHICS OF THE FLORIDA BAR

OPINION 64-77
January 13, 1965

It is not improper for an attorney to write directly to an insurance company in an attempt to obtain loans on behalf of his clients, provided that the letter does not directly or indirectly suggest that he or his office should be employed to represent the lending institution in the placing of mortgage funds.


Canon: 27

Chairman Smith stated the opinion of the committee:

A member of The Florida Bar states that his office handles a relatively large volume of real estate transactions for clients who wish to obtain loans from life insurance companies. Presently, acting on behalf of his clients, he is placing these loans through various mortgage brokers who act as correspondents for the lending institutions. The lawyer would like to write directly to a number of life insurance companies in placing these loans. He would not intend to solicit legal employment in any manner and all fees paid in connection with placing loans would be paid by clients.

It is the unanimous opinion of our Committee that it would not be ethically improper to write directly to the insurance companies in question in an attempt to obtain loans from those companies on behalf of clients provided that the letter did not directly or indirectly suggest that the lawyer or his office should be employed to represent the lending institution in the placing of mortgage funds. Care should be taken that the letter is sent only to those companies who appear likely to be interested in such matters. It is our suggestion that such letters be sent only when a client is currently seeking to borrow money.

[Revised: 08-24-2011]