INFORMATIONAL PACKETS
Provided by The Florida Bar Ethics Department
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Below is a brief summary of each informational packet available from the Ethics Department of The Florida Bar. All the packets contain formal opinions from the Professional Ethics Committee and some have supplemental materials including rules and articles. Each packet can be downloaded for your use.
ANCILLARY AND OTHER BUSINESS ARRANGEMENTS PACKET
These ethics opinions discuss and outline the potential ethical problems which arise when a member of the Florida Bar is considering entering into an arrangement with nonlawyers. Problems that could arise include prohibited solicitation practices, conflicts of interest, assisting the unlicensed practice of law, and sharing legal fees with nonlawyers. The packet also contains opinions that deal with ethical issues encountered by lawyers who engage in two professions such as lawyer and accountant or lawyer and real estate agent. It includes ethics opinions on attorneys sharing office space with non-lawyers, listing dual professions on an attorney's letterhead, and a number of opinions dealing with conflicts that can arise from attorneys practicing dual professions and how to avoid such conflicts.
ATTORNEY LIENS PACKET
This packet includes several Florida Ethics Opinions explaining when an attorney may assert a retaining lien over file materials and client property. In addition to general information about attorney liens, the packet includes opinions on whether it is appropriate to assert a retaining lien in a contingency fee case and whether an attorney may assert a retaining lien on funds given to the attorney for a specific purpose.
CANDOR TOWARD THE TRIBUNAL PACKET
These opinions interpret Rule 4-3.3, Candor Toward the Tribunal. Opinions address the issues of the client lying at a deposition, the filing of a false affidavit, the client jumping bail and the client's prior record.
CLOSED FILES PACKET
This packet provides guidelines for attorneys who wish to dispose of closed files.
COMMUNICATION WITH ADVERSE PARTY PACKET
These opinions interpret Rule 4-4.2, "Communication with Person Represented by Counsel." Opinions include the issues of communicating with present and former employees of the adverse party, communicating with government agencies, and communicating directly with the adverse party.
FINANCIAL ASSISTANCE PACKET
These ethics opinions discuss issues involving the prohibition against providing financial assistance to a client in connection with pending or contemplated litigation.
INTERSTATE LAW FIRMS PACKET
The information in this packet sets forth the requirements for interstate law firms to practice law in Florida.
NOTIFYING CLIENTS PACKET
This packet discusses communicating with firm clients when an attorney leaves a firm, including notifying the clients of the departure, solicitation of clients and the disposition of client files.
OF COUNSEL PACKET
This packet includes several Florida Ethics Opinions and one ABA Ethics Opinion explaining the "Of Counsel" relationship, including imputation of conflicts of interest and fee splitting.
OUTSOURCING PACKET
This packet contains information discusses the ethical considerations when outsourcing and/or offshoring paralegal work.
REFERRAL FEES PACKET
This packet includes information regarding the division of fees between lawyers in different firms.