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The Florida Bar
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Corporate Counsel to Dual Professions



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Corporate Counsel
Crimes and Fraud
Criminal Defense Attorneys and Prosecutors
Degrees, Diplomas and Titles
Disabled Client
Disciplined Attorneys
Dual Professions


Corporate Counsel

Adding as defendant in corporation's suit a stockholder who paid part of cost deposit and discussed suit with attorney 68-34
Business card of corporate attorney not admitted in Florida 70-44
Business card of in-house counsel 98-3
Condominium developer's attorney retaining portion of title insurance premium charged to purchaser 75-6
Consent of corporation's counsel not required to interview independently represented corporate employee 90-4
Consent required for opposing counsel to interview corporation's employees 78-4, 88-14
Duties of lawyer who resigns as director and counsel because of corporate president's conduct 65-59
General counsel for out-of-state corporation continuing to be listed on law firm's stationery 67-38
Handling defense of corporation and its drivers from corporation's claims department 64-38
In-house counsel Letterhead 68-33, Consol. 79-2 & 81-2, 98-3
Principal in corporation representing it in litigation in which he will be material witness 76-26
Representing
    Company in proceedings against former president to enforce agreement drafted on behalf of both 66-60
    Condominium developer and condominium association controlled by developer     69-2
    Corporation and its principal in consolidated litigation in which their positions are facially adverse     70-5
    Employee of corporate client and later advising corporation on unrelated claim made against it by same employee     67-16
    Insolvent corporation in litigation when needed to testify     76-26
    Plaintiff in litigation against corporation organized by law firm     69-32
    Stockholders in derivative suit after resigning as counsel to corporation     65-59
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Crimes and Fraud

Advice to client revealed to prevent fraud on court 70-40
Assisting client in illegal conduct 73-32
Bail-jumping by client 90-1
Deposition testimony 75-19
Drafting document for client when uncertain as to legality 76-35
Duty upon learning probate client's deceased common-law husband has legal, living wife 65-50
False name used by client 90-6 (Rec)
Perjury by client 75-19, 82-3, 04-1
Prior convictions of client disclosed by lawyer 86-3
Representing corporate client in collecting on contracts when principal has been indicted on criminal charge involving similar contracts 68-14
Revealing fear that clients will commit violence against defendant if suit unsuccessful 59-23
Withdrawal upon learning client's claim is fraudulent 63-23
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Criminal Defense Attorneys and Prosecutors

Court-appointed lawyer's duty when appeal seems frivolous 81-9
Defense attorneys
    Accepting assignment of client's cash bond as security for fixed fee 71-19
    Acting as special prosecutors     71-9, 71-16, 75-43
    Advising client on ineffective assistance waiver 12-1
    Also serving as reserve police officer/legal officer     76-43
    Contingent fees     70-12, 80-5
    Court-appointed counsel representing same client in related suit against state     73-47
    Disclosing client's false name to court     90-6 (Rec)
    Disclosing client's intent to commit perjury 04-1
    Disclosing client's intention to jump bail     90-1
    Disclosing client's prior convictions 86-3
    Election as prosecutor     64-72
    Partnership with prosecutors     78-5
    Police legal advisor     76-43, 78-7
    Representing multiple clients     72-50
    Reserve police officer     76-43
    Self or partner representing sheriff     74-37, 74-37 Rec., 76-3, 78-8, 96-2
    Sharing space with assistant public defender     76-11
    Suggesting that witness seek legal advice     75-44
    Taking promissory note and mortgage to secure fee     70-12
Former assistant U.S. Attorney in private practice 60-24, 62-58
"Of counsel" lawyer for former prosecutor's firm representing defendants in cases in which former prosecutor had been involved 72-41, 72-41 Rec.
Prosecutors
    Accepting appointment to represent defendants in federal court 72-48
    Advising crime victims of the existence of civil restitution lien     94-2
    Communicating with independently represented corporate official who initiates contact     90-4
    Communication rule is applicable to U.S. Department of Justice prosecutors     90-4
    Concurrently serving as judge     69-26
    Defending case accepted before election as prosecutor     64-72
    Law firm representing public body in proceeding involving state attorney     75-14
    Maintaining private criminal practice     64-72, 66-1, 68-35, 70-38, 72-48, 78-5
    Offering waivers of ineffective assistance and prosecutorial misconduct 12-1
    Partner accepting appointment to represent defendants in federal court     72-48
    Private practice after government service     60-24, 62-58, 66-62, 67-21, 72-41, 72-41 Rec., 75-43
    Representing school board     65-72
    Revealing in civil case against police officers confidential information obtained from them     76-4
    Simultaneously serving as public defender     68-57
    U.S. Department of Justice, communication rule is applicable to     90-4
Public defenders
    Client consent required for representation by certified intern 80-6
    Concurrently serving as judge or prosecutor     68-57
    Partners or associates handling criminal cases     72-38, 75-23
    Private criminal practice     74-45
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Degrees, Diplomas and Titles

Displaying both LL.B. and J.D. issued to replace it 68-9
Former judge's use of title "Judge" 73-27, 73-31, 75-34, 87-9
"Juris Doctor" or "J.D." used
    In law school faculty listings 69-5
    On letterhead and business cards     71-28, 88-2
Ordination certificate displayed by lawyer/minister 69-38
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Disabled Client

Duty to client who becomes mentally ill 73-25, 85-4
Representing client in restoration of competency after being removed as counsel in client's personal injury action 63-11
Serving as "next friend" in proceedings to reestablish civil rights and subsequently representing same person in proceedings to establish common law marriage 60-23
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Disciplined Attorneys

Disbarred lawyer sharing fee with successor attorney 65-21, 66-20
Employment of suspended attorney to do legal research 62-26, 62-26 Rec.
Fee shared with Referrals from disbarred lawyer 65-21
Suspended attorney's name appearing in yellow pages 63-17
Terms of suspension not interpreted by PEC 63-17
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Dual Professions

Association's executive director also practicing law 71-4
Bail bond company, attorney owning interest in 72-26
Business cards and letterhead 79-3
Corporate manager's salary reduced by fees earned from separate law practice 62-7
Mediation, 94-6
Real estate business operated in same office as law practice 78-14
Same offices used for law practice and second profession 78-14, 88-15, 94-6
Sign on office door indicating dual professions 79-3, 88-15
Solicitation 88-15, 02-8
Specializing in real estate law while maintaining broker's license 62-17, 79-4
Title insurance company, attorney owning interest in 73-1


[Revised: 12-11-2012]