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
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
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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
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
Serving as director, shareholder and legal advisor for client's consulting service and representing service's customers 63-37
Title insurance company
73-1
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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
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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
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
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Collection Agencies

Collection agency's lawyer 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
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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 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
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 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
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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
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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
Cloud computing 12-3
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
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
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
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[Revised: 03-12-2014]