Skip Navigation

 
The Florida Bar
www.floridabar.org

Banks to Confidentiality and Attorney-Client Privilege



On This Page
Banks
Barter Exchange
Business Activities of Lawyers
Charity
Client Funds and Property
Collection Agencies
Communications with Represented Person
Community Service and Educational Activities
Confidentiality and Attorney-Client Privilege


Banks
Allowing lawyers who refer clients for real estate loans to represent bank 62-72
Attorney for bank
    Handling loan closings 87-8
    Permitting lay representative of bank to conduct deposition of judgment debtor     67-27
    Preparing guidelines for use of lawyers preparing trusts     65-12
    Representing bank in suit against borrower on promissory note when borrower had been charged lender's attorney's fee for loan transaction     71-18
    Seeking fee award in mortgage foreclosure     87-8
    Signing and mailing form collection letters filled out by bank employees     75-4
Charging bank's attorney's fee to one of parties to loan transaction 63-21, 64-56, 69-39, 87-8
Compensation of in-house counsel 87-8
In-house counsel 87-8
Mortgage foreclosures 87-8
Services provided to bank at nominal charge in return for receiving title examination work 64-58
Back to Top

Barter Exchange

Participation by attorney 84-2


Business Activities of Lawyers

Bail bond business 72-26
Collection Agency 59-41, 95-3
Corporate officer or employee
    Director's law firm identified in corporate reports 75-11
    Generally     63-12
    Manager's salary reduced according to fees earned in private practice     62-7
Corporation that acts as fiscal agent for cities 61-13
Forming association for collection agency 59-41
Holding company formed by attorney to receive title to property for client 62-28
Investment advisor 02-8
Investing in corporation of accountants 61-19, 61-19 Supp.
Juror investigation service 73-20
Legal fee insurance company 73-17
Mediation practice 94-6
Operating non-law business from law firm offices 78-14, 88-15, 94-6
Practicing attorney employed as executive director of private association 71-4
Professional service corporation composed of lawyer and accountants 61-19, 61-19 Supp.
Real estate business 78-14
Referring legal clients to
    Ancillary business owned by lawyer 02-8
    Bail bond business in which lawyer owns stock     72-26
Serving as director, shareholder and legal advisor for client's consulting service and representing service's customers 63-37
Title insurance company 73-1
Back to Top

Charity

Donation of legal service for auction by charity 86-9
Lawyer soliciting contributions 73-11, 74-10 (Rec.)
Lawyers forming nonprofit corporation to provide free legal assistance 71-69
Participation in charitable organization's legal aid program 66-24
Back to Top

Client Funds and Property

Applying money received on behalf of client to satisfy judgment for fees owed from prior representation 82-2, 87-12
Charging fees and expenses from two cases against settlement received in one case 62-15
Disclosing possession of client's funds to client's creditors 60-34
Holding company formed by lawyer to receive title to property for clients 62-28
Institution of interpleader action
    Client withdraws authority to pay medical bills 67-36, 02-4
    Deposit on purchase of real property when buyer is in default     02-6
Institution of interpleader action when client withdraws authority to pay medical bills 67-36
Issuing settlement check solely to wife when both husband and wife executed release 63-3
Keeping client funds in several accounts to assure complete FDIC coverage 72-37
Liens on funds or property. See Liens .
Missing client's funds 61-15, 63-3
Partners' obligations when former partner misappropriated client funds 73-5
Placing client funds in interest-bearing certificates or deposits with interest going to law firm 72-13
Referral fee accepted from financial institution or business for placing client funds in that institution 60-26, 63-14, 67-25, 70-13, 02-8
"Specific purpose funds" 82-2, 87-12
Writ of execution used to obtain ownership of stock certificate left with lawyer 71-67
Back to Top

Collection Agencies

Collection agency's lawyer
    Allowing client to send form letters on law firm's letterhead 70-27
    Representing clients of agency in collections     66-72
Lawyer owning 59-41, 95-3
Referral fee paid to 62-18
Reporting former client to credit reporting service 90-2
Salaried in-house counsel seeking fee award 70-56
Using to collect delinquent fees 81-3
Back to Top

Communications with Represented Person

Claimant's attorney communicating directly with Adjusters in settlement negotiations 70-33
Claims personnel in litigated workers' compensation case 65-62
    Insured, to
    Give notice of intent to file suit     59-27, 71-3
    Obtain assignment of bad faith claim     71-3
    Opposing party to make settlement offer     76-21
Pro se defendant who is represented in related matter 94-4
Commencement of representation, when deemed to occur 78-4, 90-4
Corporate parties 78-4, 88-14, 90-4
Creditor's attorney sending deceptive form letter to debtors 68-26
Former employees of corporate party 88-14
Government agency as party 87-2, 09-1
Interviewing opposing party
    About prospective testimony 69-40
    To investigate opposing counsel's conduct     88-4
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
Post-judgment communications 65-3, 77-5
Second opinion to person represented by counsel 02-5
Settlement negotiations
    Claimant's attorney sending unrepresented insured copies of letters addressed to insurance company 67-26
    Negotiating with insurance company adjusters     70-33
    Transmitting settlement offers directly to opposing party when opposing counsel suspected of not conveying offers     76-21
Statute requiring notice or service of process directly on adverse party 89-6
Title defect disclosed to unrepresented borrower by mortgage company's lawyer 65-58
United Stated Department of Justice attorneys 90-4
Unrepresented person, dealings with 65-58, 68-26, 68-46, 94-2, 94-4
Back to Top

Community Service and Educational Activities

Book on legal subject 71-61
CLE manuals 64-30
College course 75-10
Educational programs open to public 67-42
Florida Bar pamphlets provided by law firm to bank for distribution 64-32
Law firm joining civic organization 66-75
Newspaper columns and articles 61-40, 62-14, 64-79, 70-30, 71-31, 75-16
Seeking participation of former jurors in seminar for lawyers 71-40
Seminars for nonlawyers 62-20, 67-48
Teaching 75-10, 75-36
Television programs 62-52, 64-9, 67-42
Back to Top

Confidentiality and Attorney-Client Privilege

Appealing court order requiring attorney to disclose confidential information 65-7
Assets of client disclosed to bank named as sole executor in will 72-40
Client files 74-43, 10-2
Corporate parties, former employees of, questioned regarding privileged matters 88-14
Creditors of client informed that attorney holds client's funds 60-34
Deceased client 10-3
Decision whether to assert privilege 65-7, 70-40, 74-7, 93-3
Disclosure of
    Adoption clients' identity 68-31, 85-2
    Advice given to client, to court     70-40
    Appraisal of client's assets, to IRS     65-54
    Assets of client, to bank named sole executor in client's will     72-40
    Cash payments over $10,000 to IRS     92-5
    Client's intent to commit perjury 04-1
    Client jumping bail     90-1
    Client's name and address, to IRS     62-24
    Client's use of false name to court 90-6 (Rec)
    Communications between lawyer and clients, to grand jury     71-29
    Confidential information by adversary     93-3
    Confidential information in Metadata 06-2
    Confidential information through use of technology 10-2
    Crime or fraud by client     63-23, 70-40, 82-3
    Decedent's information to personal representative     10-3
    Fear that clients will commit violence against defendant if suit unsuccessful 59-23
    Funds of client in lawyer's possession, to creditors     60-34
    Information about client public official, to news media     74-38
    Information relevant to the collection of a debt     81-3, 90-2
    Medical records and accident reports to funding company     00-3
    Misconduct by another lawyer, when information privileged     76-47
    Perjury by client     75-19, 82-3
    Prior convictions of client     86-3
    Privileged information, to establish right to charging lien and defend misconduct charge     71-60
    Probate client's revelation that deceased common-law husband has legal, living wife     65-50
    Prospective client's communications     07-3
    Separate confidence learned from husband to wife in joint representation     95-4
    Trust account records     72-3, 93-5
E mail encryption 00-4
Estate's attorney withholding appraisal of assets from IRS 65-54
Files 74-43
Financial disclosure laws for public officials 77-25
Funding company provided with information regarding personal injury clients 00-3
Identity of clients 62-24, 68-31, 74-7, 77-25, 85-2, 93-5, 11-1
Inadvertent release of confidential information by adversary 93-3, 06-2
Internet practice 00-4
IRS demands
    Appraisal of assets 65-54
    Information to complete Form 8300     92-5
    Name and address of client     62-24
    Trust account records     72-3
Judgment debtor's attorney ordered to testify about client's assets 65-7
Legal services organization disclosing information to funding agency 79-5
Legal services organization, intake interview not confidential 92-1
Metadata 06-2
Misdelivered documents 93-3, 06-2
Office equipment, confidentiality in use of 10-2
Outsourcing 07-2
Prosecutor revealing in civil action against police officers confidential information received from them 76-4
Prospective client's communications 07-3
Subpoena served on attorney to testify 65-7, 70-40, 71-29
Technology, use of 10-2
Temporary placements for lawyers 88-12
Title insurance company requests trust records of agent for audit 93-5
Transitional conference with client's successor counsel 66-22, 84-3
Trust account records requested Writ of garnishment served on attorney 66-78
Back to Top


[Revised: 03-12-2012]