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 ETHICS, OPINION 04-2PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 04-2 January 21, 2005 A lawyer may not propose or agree to either a direct or indirect restriction on the lawyer’s right to practice as part of a settlement agreement. Confidentiality clauses and general releases of liability do not violate the rule. To determine if an agreement restricts a lawyer’s right to practice, the lawyer should consider whether it imposes restrictions on the lawyer broader than the lawyer’s own client can impose, whether the provisi |
| ETHICS, OPINION 06-1 PROFESSIONAL ETHICS OF THE FLORIDA BAR Opinion 06-1 April 10, 2006 Lawyers may, but are not required to, store files electronically unless: a statute or rule requires retention of an original document, the original document is the property of the client, or destruction of a paper document adversely affects the client’s interests. Files stored electronically must be readily reproducible and protected from inadvertent modification, degradation or destruction. RPC: 4-1.5(f)(4), 4-1.6, 4-1.8(j), 4-7.7(h), 5- |
| ETHICS, OPINION 06-2 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 06-2 September 15, 2006 A lawyer who is sending an electronic document should take care to ensure the confidentiality of all information contained in the document, including metadata. A lawyer receiving an electronic document should not try to obtain information from metadata that the lawyer knows or should know is not intended for the receiving lawyer. A lawyer who inadvertently receives information via metadata in an electronic document should notify the sen |
| ETHICS, OPINION 07-1 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 07-1 September 7, 2007 A lawyer whose client has provided the lawyer with documents that were wrongfully obtained by the client may need to consult with a criminal defense lawyer to determine if the client has committed a crime. The lawyer must advise the client that the materials cannot be retained, reviewed or used without informing the opposing party that the inquiring attorney and client have the documents at issue. If the client refuses to consent to disc |
| ETHICS, OPINION 07-2 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 07-2 January 18, 2008 A lawyer is not prohibited from engaging the services of an overseas provider to provide paralegal assistance as long as the lawyer adequately addresses ethical obligations relating to assisting the unlicensed practice of law, supervision of nonlawyers, conflicts of interest, confidentiality, and billing. The lawyer should be mindful of any obligations under law regarding disclosure of sensitive information of opposing parties and third p |
| ETHICS, OPINION 07-3 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 07-3 January 16, 2009 A person seeking legal services who sends information unilaterally to a lawyer has no reasonable expectation of confidentiality regarding that information. A lawyer who receives information unilaterally from a person seeking legal services who is not a prospective client within Rule 4-1.18, has no conflict of interest if already representing or is later asked to represent an adversary, and may use or disclose the information. If the lawye |
| ETHICS, OPINION 09-1 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 09-1 December 10, 2010 A lawyer may not communicate with officers, directors, or managers of State Agency, or State Agency employees who are directly involved in the matter, and other State Agency employees whose acts or omissions in connection with the matter can be imputed to State Agency about the subject matter of a specific controversy or matter on which a lawyer knows or has reason to know that a governmental lawyer is providing representation unless the |
| ETHICS, OPINION 10-2 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 10-2 September 24, 2010 A lawyer who chooses to use Devices that contain Storage Media such as printers, copiers, scanners, and facsimile machines must take reasonable steps to ensure that client confidentiality is maintained and that the Device is sanitized before disposition, including: (1) identification of the potential threat to confidentiality along with the development and implementation of policies to address the potential threat to confidentiality; (2 |
| ETHICS, OPINION 10-3 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 10-3 February 1, 2011 A lawyer’s ethical obligations regarding a request for confidential information of a deceased client by the personal representative, beneficiaries or heirs-at-law of a decedent’s estate, or their counsel, will vary depending on the circumstances. A lawyer may disclose confidential information to serve the deceased client’s interests, unless the deceased client previously instructed the lawyer not to disclose the information. Whether an |
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| ETHICS, OPINION 59-10 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-10 November 25, 1959 It is not improper for an attorney who is also a county Commissioner to practice before circuit judges even though the county commission exercises control of the court's space allotment, budget and supplemental salary. Canon: 6 Chairman Holcomb stated the opinion of the committee: The following question was presented to the Committee: “Is it proper for a member of the Bar, who is also a County Commissioner, to actively try cases before |
| ETHICS, OPINION 59-2 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-2 June 25, 1959 Neither a county prosecutor whose duties by law include giving legal advice to the county commission in addition to prosecuting criminals nor a county attorney may represent a property owner in condemnation proceedings in which the county has a financial interest. It is improper for a county prosecutor to accept private employment in a civil action arising out of an automobile accident if the private employment might influence his judgment i |
| ETHICS, OPINION 59-23 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-23 February 11, 1960 It is the duty of a lawyer to preserve his clients' confidences and this duty outlasts the lawyer's employment, but the Canons demand that an attorney disclose any announced intention of his client to commit a crime. Whether such disclosure should be made only to proper authorities, or whether the lawyer should make disclosures to opposing parties and their counsel is a matter for the judgment of the lawyer. If a client expresses an int |
| ETHICS, OPINION 59-25 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-25 February 15, 1960 It is improper for a lawyer who is special counsel for the personnel board of a city to appear before the city council or file suit against the city on behalf of private clients even in matters unrelated to personnel problems, because of inherent conflicts of interest, which cannot be effectively eliminated by disclosure, and the possibility of public misunderstanding of such arrangements. Canons: 6, 29 Opinion: 59-2 Chairman Holcomb st |
| ETHICS, OPINION 59-27 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-27 March 4, 1960 It is proper for an attorney for a claimant who is unable to settle the claim with the opposing party's insurance adjustor to communicate directly with the opposing party by letter, giving notice of intent to file suit and advising the opposing party to retain counsel. Canon: 9 Chairman Holcomb stated the opinion of the committee: A member of The Florida Bar requests a ruling as to whether it is improper for the attorney for a claimant who |
| ETHICS, OPINION 59-32 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-32 April 11, 1960 As a general rule, an attorney cannot properly accept employment to attack the validity of an instrument which he drew, and a law firm cannot properly accept any employment which one of its partners cannot properly accept. Canon: 6 Opinions: ABA 64, 71, 72 Note: An inquiry was made as to whether a city attorney could properly represent the city in a case challenging the validity of a contract drafted by his partner at a time when the partn |
| ETHICS, OPINION 59-37 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-37 May 17, 1960 Upon full disclosure of the situation, and in the absence of any relevant confidential communications because of the relationship, it is not improper for an attorney to represent a client involved in an accident at a hotel subsequent to the time during which this hotel had been insured by a client of the lawyer. Canon: 6 Chairman Holcomb stated the opinion of the committee: A member of The Florida Bar requests our opinion as to the propriety |
| ETHICS, OPINION 59-41 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 59-41 May 17, 1960 It is not improper for a lawyer to form an association for a credit collection agency so long as he adheres to the requirement that his law practice be disassociated from the separate business. Canon: 27 Chairman Holcomb stated the opinion of the committee: A member of The Florida Bar submits an inquiry regarding his forming an association for a credit collection agency. We find no objection so long as he rigidly adheres to the requirements |
| ETHICS, OPINION 60-12 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-12 October 14, 1960 It is improper for a partner or associate of an attorney representing a public body to appear before such public body in representation of a private client even though the matter is not the subject of controversy and is outside the scope of the public attorney's responsibilities. Disclosure of facts and consent of the parties involved is insufficient to remove the impropriety when a public body is involved. Note: See Opinion 75-33 Canon: |
| ETHICS, OPINION 60-13 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-13 October 14, 1960 It is improper for a lawyer who is county prosecutor to defend those accused of crimes even though he does so only in counties or circuits other than the one in which he prosecutes. Canon: 6 Opinions: ABA 16, 30, 72, 136, 192 Chairman Holcomb stated the opinion of the committee: The Committee is requested to decide whether a lawyer could ethically represent clients in criminal actions being tried in counties or circuits other than his ow |
| ETHICS, OPINION 60-18 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-18 December 13, 1967 It may constitute aiding the unauthorized practice of law for a Florida Bar member to accept cases referred to him by a New York bar member residing in Florida and to divide the fee with the New York lawyer. Canons: 34, 47 Chairman Holcomb stated the opinion of the committee: A member of The Florida Bar wishes to know whether it would be proper and ethical for him as a Florida lawyer to accept referrals from a New York lawyer maintainin |
| ETHICS, OPINION 60-23 PROFESSIONAL ETHICS OF THE FLORIDA OPINION 60-23 January 10, 1961 There is no impropriety when a lawyer who proposes to reestablish the civil rights of a female ward of a state mental hospital acts as her next friend in such proceedings with the intention of subsequently acting as her counsel in proceedings to establish a common law marriage. Canon: 6 Chairman Holcomb stated the opinion of the committee: A member of The Florida Bar submits a question relative to a female client committed to the Florida Sta |
| ETHICS, OPINION 60-24 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-24 January 10, 1961 One retiring from government service may accept employment in connection with a matter which he has not investigated or passed upon while in such service. Canon: 36 Chairman Holcomb stated the opinion of the committee: A member of The Florida Bar submits a question concerning retirement from government service. While one member of the Committee feels that the member's representation of Mr. A would be unethical from the standpoint that du |
| ETHICS, OPINION 60-26 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-26 February 7, 1961 Subject to full disclosure to and written consent by his client, and the condition that the lawyer is not abusing the confidence which the client places in him, a lawyer may recommend that a client invest in a certain way even though the lawyer receives a “referral fee” from the institution for making such a recommendation. This recommendation is proper only after the lawyer has made a complete investigation before giving such advice a |
| ETHICS, OPINION 60-33 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-33 April 7, 1961 The question whether a lawyer on yearly retainer is ethically entitled to collect and pay over to the client the attorney's fees allowed in eminent domain proceedings depends for its answer on several factors, including whether the condemnation proceeding was contemplated by the parties in setting the retainer and whether full disclosure of the lawyer-client fee arrangement has been made to the court. Canons: 34, 35, 38 Chairman Holcomb sta |
| ETHICS, OPINION 60-34 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-34 March 28, 1961 It is improper for an attorney to advise his client's creditors that he holds funds due to the client so that such creditor may proceed against them, nor is it proper for the lawyer to interplead such funds. It is the lawyer's duty to represent his client with undivided fidelity and to preserve his confidences. Canons: 6, 11, 37 Opinion: ABA 163 Chairman Holcomb stated the opinion of the committee: A member of The Florida Bar submits the f |
| ETHICS, OPINION 60-36 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-36 May 8, 1961 A lawyer whose partner had on one occasion represented B in a negligence matter and whose firm has also represented B in other matters may not represent A in a mortgage foreclosure against a corporation wholly owned by B, except by express consent of all concerned after full disclosure of all the facts. This is not altered by the fact that the lawyer represented A during the transaction from which the cause of action arises. Canons: 6, 37 Cha |
| ETHICS, OPINION 60-37 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-37 May 15, 1961 There is no impropriety in a lawyer whose practice is limited to patent, trademark, copyright, and unfair competition matters retaining space in a suite occupied by an insurance and real estate broker for the operation of a branch law office as long as appropriate measures are taken to keep the law practice entirely separate from the business of the broker and the latter is not used to “feed” the law practice. Canon: 27 Chairman Holcomb st |
| ETHICS, OPINION 60-9 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 60-9 August 22, 1960 In a divorce proceeding it is not advisable for an attorney to represent the wife after the husband has been a client, or to represent both parties despite good intentions and full disclosure. Canons: 6, 37 Vice-Chairman Smith stated the opinion of the committee: The Committee members responding to a member's inquiry believe that he cannot, with propriety, represent more than one party in a divorce proceeding and that having represented on |
| ETHICS, OPINION 61-1 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 61-1 June 15, 1961 A lawyer may not properly prepare all the necessary documents and instruments for a real estate closing at the request of a real estate broker, and receive a fee from such broker, having no contact with buyer or seller. Canons: 35, 38 Opinions: ABA Informal 321, 328 Chairman Holcomb stated the opinion of the committee: The Committee on Professional Ethics of The Florida Bar has considered the problem submitted. A member of The Florida Bar st |