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Of Counsel to Restrictions on Right to Practice



On This Page
Of Counsel
Offices and Office-Sharing
Political Campaigns
Practicing Law Through Intermediary
Pro Bono and Court Appointments
Professional Associations
Real Estate
Referrals
Restrictions on Right to Practice


Of Counsel

Conflict of interests imputed to or from law firm to which lawyer is "of counsel" 61-20, 72-41, 72-41 Rec.
Continuing relationship required 71-49, 72-41, 72-41 Rec., 75-41, 94-7
Fee division with "of counsel" 94-7
Florida lawyer "of counsel" to law firm in foreign country 70-29
Letterhead
Firm name includes former partner who is "of counsel" 00-1
Former partner listed as "of counsel" 71-49, 00-1
Law professor designated as "of counsel" 75-41
Listing lawyer as "of counsel" when relationship is limited to office-sharing with prospect of referrals 72-29
Showing address of out-of-state firm to which lawyer is "of counsel" 76-34
Relationships encompassed by "of counsel" 71-49, 75-41, 94-7, 00-1
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Offices and Office-Sharing

Avoiding impression that space-sharing lawyers are partners 70-14, 76-11
Collective name and common letterhead used by lawyers sharing space 76-11
Criminal defense lawyer sharing space with assistant public defender 76-11
Legislator's law firm sharing space with lobbyist's firm 71-59
Maintaining office in claims department of corporate client 64-38
Marriage counselor allowed to use law firm's facilities to counsel firm's clients 72-4
Mediation practice operated within law firm 94-6
Offices in Out-of-state office maintained by one member but not by partnership listed on partnership letterhead 67-2
Referral fees among office-sharing attorneys 67-21
Removal of nonlawyer's sign when space-sharing arrangement ends 71-66
Representing opposing parties while sharing space 77-3
Space shared with nonlawyers Space-sharing lawyers executing affidavits for each other as to reasonable attorney fees 77-3
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Political Campaigns

Candidate-attorney passing out cards 63-35
Lawyers endorsing candidates 62-45
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Practicing Law Through Intermediary

Accepting employment from
    Real estate broker to prepare closing documents when lawyer would have no contact with either party 67-14
    Securities arbitration company that solicited client     95-2
    Tax advisory company to represent taxpayers seeking tax reductions     64-29
    Trust company where no direct contact with clients     67-15
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Pro Bono and Court Appointments

Assistant state attorney and law partner accepting appointment to represent defendants in federal court 72-48
Court-appointed counsel
    Duty when appeal seems frivolous 81-9
    Representing appointed criminal client in related civil action against state     73-47
Group of lawyers forming nonprofit organization to provide free legal assistance 71-69
Participation in charitable organization's legal aid program 66-24
Refusing court appointments to represent indigent criminal defendants 62-68, 72-45
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Professional Associations

Fictitious name 68-58, 74-20
Lawyers employed by one professional association forming second professional association to work for first 73-12
Letterhead. See Letterhead and Cards .
Name 68-58, 69-20, 74-20
Participating as partner in law firm 79-1
Professional service corporation composed of lawyer and accountants 61-19
Retirement plan for nonlawyer employees 68-58
Supreme Court order approving professional associations 68-58
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Real Estate

Closing agent for sale of business 97-2
Closing attorney for lender disclosing title irregularity to unrepresented purchaser-borrower 65-58
Condemnation Cases
    Contingent fee charged in addition to court-awarded fee 67-1
    Landowners association urging members to employ particular lawyer for litigation     74-25
    Statutory attorney's fee collected by lawyer on annual retainer     60-33
Deposit held in trust by seller’s attorney when buyer is in default 02-6
Handling closings for lender for fixed monthly compensation 66-29
Helping real estate clients obtain loans 64-77
Lender charging attorney's fee to Member of Lawyer's Title Guaranty Fund representing client on claim against fund 66-11
Mortgage foreclosures
    Fee award sought by lender's in-house counsel 87-8
Paralegal preparing documents and attending closings 73-43, 89-5
Participating in client's consulting service for condominium developers 63-37
Preparing closing instruments at request of real estate broker 61-1, 67-14
Representing
    Buyer and seller in closing of sale of business 97-2
    Condominium developer and owners' association controlled by developer     69-2
    Lender in foreclosure of subdivision's mortgages after representing subdivision in course of duties as attorney for lender     61-23
Seller's attorney billing buyer for half of cost of services rendered to seller 65-34
Title examinations
    Bank's attorney examining title in connection with loan, with fee charged to borrower 63-21
    Lawyer doing examination obtaining quitclaim deed to himself     66-46
    Services provided to lender at no charge in return for receiving title examination work     64-58
Title insurance
    Lawyer who issues title insurance policies informing real estate purchaser of availability of owner's coverage 69-25
    Member of Lawyer's Title Guaranty Fund representing client on claim against fund     66-11
    Part of premium retained by lawyer     61-60, 70-49, 74-50, 75-6, 75-40, 76-36
    Providing corporation with title insurance policies to sell to public     69-42
    Requesting that title insurance company permit attorney to examine its work product for a fee     75-27
    Title insurance company requests agent's trust account records for audit     93-5
Title irregularity disclosed to unrepresented purchaser- borrower by lender's closing attorney 65-58
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Referrals

Business cards left with bank officer for distribution 62-69
Clients referred by Clients referred to
    Bail bond company in which lawyer holds stock 72-26
    Bank for real estate loans in return for fee for representing bank plus title insurance charge     62-72
    Financial institution in return for referral fee     60-26, 63-14, 70-13
    Insurance carrier in return for referral fee     67-25
    Investment advisor     02-8
    Lawyers own business     02-8
    Title insurance company in which law firm has interest     73-1
Duty to advise client of fee arrangement with referring attorney 90-3, 90-8
Mayor referring cases against city 62-57
Referral fees Referral services
    Law firm setting up so-called hotline to make referrals only to that firm 88-13
    Local bar distributing in local hospitals brochure describing lawyer referral service     75-30
    Not approved by Florida Bar     72-31
    Owned by lawyers to whom referrals would be made     88-13
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Restrictions on Right to Practice

Firm employment agreement 93-4
Settlement agreement 04-2



[Revised: 08-24-2011]