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
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
    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, 12-4
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: 03-12-2014]