The Florida Bar
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PROFESSIONAL ETHICS OF THE FLORIDA BAR

OPINION 70-3
February 17, 1970

A member of The Florida Bar employed by a corporation may defend the corporation in a breach of contract action, may institute a civil action on behalf of the corporation as plaintiff to enforce its rights under a contract, may represent it in appeals before administrative agencies, and may represent himself as an attorney for the corporation and conduct negotiations with others on behalf of the corporation.

Canon: 47
Citation: In re Amendment to the Additional Rules, 220 So.2d 6 (Fla. 1969)

Chairman MacDonald stated the opinion of the committee:

A member of The Florida Bar asks the following questions:

1. May an attorney employed by a corporation on an annual salary defend the corporation in a breach of contract action filed against it?

2. May such an attorney institute a civil action on behalf of the corporation as the plaintiff to enforce the corporation's rights under a contact?

3. May such an attorney represent his corporate employer in appeals before administrative agencies with whom the corporation is performing work pursuant to a contract between the corporation and the agency?

4. May an attorney so employed represent himself as an attorney for the corporation and conduct negotiations with others on behalf of the corporation in preparing contracts which will be executed by the corporation and a third party, whether corporate or personal or a governmental agency?

We see no ethical impropriety in the individual employed as an attorney by a corporation performing any of the functions described and would answer each question in the affirmative.

See In re Amendment to the Additional Rules, 220 So.2d 6 (Fla. 1969).

[Revised: 08-24-2011]