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 Ethics - PAO 77-30 (Reconsideration)PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 77-30 (Reconsideration) (September 29, 2006) Whether a conflict of interest involving representation of an individual county commissioner before the Florida Commission on Ethics by a county attorney may be waived depends on the individual circumstances of the matter. In cases where the conflict may be waived, both the individual commissioner and the county must give informed consent, confirmed in writing, and consent on behalf of the county must be given by so |
| Ethics - Questions and Answers on Ethical Implications of the New Lobbyist Disclosure Statute
Questions and Answers on Ethical Implications of the New Lobbyist Disclosure Statute Florida Bar staff has received inquiries on the ethical implications of the new lobbying disclosure statute. The following article provides a brief description of the new law, and bar staff’s opinion on the ethical implications of that law, in order to quickly provide Florida Bar members who are lobbyists with advice on how the new statute may affect their ethical responsibilities to clients. The Florida Legislature recen |
| Ethics Opinions by Number Ethics Opinions Search List of Florida Ethics Opinions by Number 59-2 59-10 59-23 59-25 59-27 59-32 59-37 59-41 60-9 60-12 60-13 60-18 60-23 60-24 60-26 60-33 60-34 60-36 60-37 61-1 61-5 61-9 61-13 61-14 61-15 61-19 61-19 (Supplemental) 61-20 61-22 61-23 61-26 61-29 61-31 61-33 61-40 61-43 61-60 62-3 62-5 62-7 62-9 62-14 62-15 62-17 62-18 62-20 62-24 62-26 62-26 (Reconsideration) 62-28 62-42 62-45 62-52 62-57 62-58 62-59 62-63 62-64 62-68 62-69 62-71 62-72 63-3 63-11 63-12 63-14 63-17 63-21 63-23 63-24 63 |
| Ethics Opinions by Subject "Banks" to "Confidentiality and Attorney-Client Privilege" Ethics Opinions Search Index to Subjects "Banks" to "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 |
| Ethics Opinions by Subject "Corporate Counsel" to "Dual Professions" Ethics Opinions Search Index to Subjects "Corporate Counsel" to "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 independentl |
| Ethics Opinions by Subject: "Sole Practitioners" to "Workers' Compensation Practice" Ethics Opinions Search Index to Subjects "Sole Practitioners" to "Workers' Compensation Practice" Sole Practitioners Closing out practice Disposition of client files 74-43 , 77-1 , 81-8 Division of fees with lawyer taking cases 74-47 , 77-1 Office manager signing on trust account 64-40 , 64-40 Rec. Office-sharing with Lawyers 67-21 , 70-14 , 76-11 , 77-3 Nonlawyers 60-37 , 61-9 , 66-57 Separate partnership with nonlawyer to practice before state or federal agencies 65-4 , 95-1 Threats Criminal prosecut |
| ETHICS, ADVISORY OPINION 95-1 Ethics Opinions Search ADVISORY OPINION 95-1 (July 15, 1995) A Florida Bar member who maintains a law practice or otherwise holds himself or herself out as a lawyer may not ethically enter into a business arrangement with a nonlawyer to represent claimants in social security disability matters. Fees claimed by or paid to the bar member for such representation are considered legal fees, and thus the proposed arrangement would violate Rule 4-5.4, which prohibits a lawyer from sharing legal fees with a nonlaw |
| ETHICS, BOARD OF GOVERNORS ADVISORY ETHICS OPINION (77-15) Ethics Opinions Search BOARD OF GOVERNORS ADVISORY ETHICS OPINION (77-15) May 13, 1978 On May 13, 1978, the Board of Governors issued the following advisory opinion to supersede any contrary views expressed in prior opinions of the Professional Ethics Committee (including Opinion 77-15); to acknowledge the Board's continuing policy of being open to consider petitions to modify advisory opinions of the Professional Ethics Committee; and to allay the concerns of lawyers who feared disciplinary proceedings by |
| ETHICS, CONSOLIDATED OPINION 76-33 and 76-38 Ethics Opinions Search CONSOLIDATED OPINION 76-33 and 76-38 March 15, 1977 In billing a client a lawyer may separately itemize for legal research and other similar services performed by salaried nonlawyer personnel, but care should be taken to avoid the double-billing that could result if such charges are already accounted for in overhead. CPR: EC 2-19; Canon 3; EC 3-1, 3-4, 3-6; DR 3-104 Opinions: 73-41, 73-43, 74-35, 75-29; ABA Informal 343, 1333 Vice Chairman Lehan stated the opinion of the committee: M |
| ETHICS, CONSOLIDATED OPINION 79-2 AND 81-2 Ethics Opinions Search CONSOLIDATED OPINION 79-2 AND 81-2 March 12, 1981 An attorney may be listed as “General Counsel” or “Consultant” on a client's letterhead and elsewhere if attorney and client have a continuing relationship and the attorney is the client's primary and usual attorney for matters requiring legal guidance or representation. CPR: DR 2-101(A), (B); DR 2-102(A) Opinions: 63-20, 64-50, 66-19, 70-42, 79-2 Chairman Ervin stated the opinion of the committee: In inquiry 79-2 the Committee i |
| ETHICS, CONSOLIDATED OPINIONS 77-7, 77-9 and 77-10 Ethics Opinions Search CONSOLIDATED OPINIONS 77-7, 77-9 and 77-10 April 7, 1978 It is improper for interstate law firms to maintain, under varying formats, a Florida office operated by a resident Florida attorney who is not a partner in the firm. A Florida lawyer may be a member of an interstate firm if the relationship is a bona fide partnership in which the profits and losses of the several offices are actually shared. CPR: EC 2-11, DR 2-102, DR 2-102(A)(4), (B), (C) and (D), DR 2-103, DR 2-107; Canon 3, |
| ETHICS, CONSOLIDATED OPINIONS 77-7, 77-9 and 77-10 Ethics Opinions Search CONSOLIDATED OPINIONS 77-7, 77-9 and 77-10 April 7, 1978 It is improper for interstate law firms to maintain, under varying formats, a Florida office operated by a resident Florida attorney who is not a partner in the firm. A Florida lawyer may be a member of an interstate firm if the relationship is a bona fide partnership in which the profits and losses of the several offices are actually shared. CPR: EC 2-11, DR 2-102, DR 2-102(A)(4), (B), (C) and (D), DR 2-103, DR 2-107; Canon 3, |
| ETHICS, CONSOLIDATED OPINIONS 77-7, 77-9 and 77-10 Ethics Opinions Search CONSOLIDATED OPINIONS 77-7, 77-9 and 77-10 April 7, 1978 It is improper for interstate law firms to maintain, under varying formats, a Florida office operated by a resident Florida attorney who is not a partner in the firm. A Florida lawyer may be a member of an interstate firm if the relationship is a bona fide partnership in which the profits and losses of the several offices are actually shared. CPR: EC 2-11, DR 2-102, DR 2-102(A)(4), (B), (C) and (D), DR 2-103, DR 2-107; Canon 3, |
| ETHICS, CONSOLIDATED OPINIONS 79-6 AND 80-2 Ethics Opinions Search CONSOLIDATED OPINIONS 79-6 AND 80-2 A lawyer admitted to practice in Florida may indicate on his letterhead other states in which he is admitted to practice. CPR: DR 2-101, DR 2-101(B), (C), DR 2-102, DR 2-102(A), (D), (F) Opinions: 64-12, 65-53, 70-35, 76-12, 76-20 Cases: The Florida Bar re Amendments to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980); The Florida Bar v. Savitt, 363 So.2d 559 (Fla. 1978); The Florida Bar re Petition to Am |
| ETHICS, OPINION 03-1 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 03-1 (January 16, 2004) A lawyer may purchase a law practice from the estate of a deceased attorney and may make an agreement to make a downward adjustment in the annual payment installments if the firm’s collections are less than an agreed upon amount in future years. RPC: 4-1.5(g), 4-1.17, 4-5.4 Opinions: 87-6 (withdrawn) Cases: Detroit Bank and Trust Co. v Cooper, 287 N.W.2d 266, 286 (Mich. Ct. App. 1979); O’Hara v. Ahlgren, Blumfeld and Kempster, 537 N |
| ETHICS, OPINION 00-1 OPINION 00-1 (April 30, 2000) A law firm may continue to use a firm name which contains the name of a former partner of the firm who has retired and become a traditional "of counsel" to the firm, by offering legal services only through the firm. Opinions: 71-49, 75-41, 94-7, ABA Formal Opinion 90-357, Ohio Opinion 91-18; Michigan Opinion RI-90 A member of the Florida Bar has sought the Committee's guidance on the use a firm name. A partner in the law firm has become "of counsel" to the firm and will conti |
| ETHICS, OPINION 00-2 Reconsideration PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 00-2 (Reconsideration) (January 21, 2005) A lawyer may participate in a settlement agreement in which the insurance company deposits directly into a client’s financial account only the portion of the settlement proceeds owed to the client, but may not participate in a settlement if the funds deposited directly into the client’s financial account include attorney’s fees, costs and funds ot which a third party may have a claim. RPC: 5-1.1(e) OPINIONS: 00-2, |
| ETHICS, OPINION 00-2 (Reconsideration) PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 00-2 (Reconsideration) (January 21, 2005) The Committee has reconsidered Opinion 00-2 which discourages lawyers from being involved in settlement agreements in which an insurance company places funds directly into an account in a clients name instead of sending the lawyer a check which is then deposited into the lawyers trust account. Opinion 00-2 concludes that this type of arrangement, sometimes known as a Safe Haven Account or FUNDaccount, prevents a lawyer |
| ETHICS, OPINION 00-3 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 00-3 March 15, 2002 An attorney may provide a client with information about companies that offer non-recourse advance funding and other financial assistance in exchange for an interest in the proceeds of the client's case if it is in the client’s interests. The attorney may provide factual information about the case to the funding company with the informed consent of the client. Although the attorney may honor the client’s valid written assignment of a port |
| ETHICS, OPINION 00-4 OPINION 00-4 (July 15, 2000) An attorney may provide legal services over the Internet, through the attorney's law firm, on matters not requiring in-person consultation or court appearances. All rules of professional conduct apply, including competence, communication, conflicts of interest, and confidentiality. An attorney may communicate with the client using unencrypted e-mail under most circumstances. If a matter cannot be handled over the Internet because of its complexity, the matter must be declined. |
| ETHICS, OPINION 02-1 FLORIDA BAR PROFESSIONAL ETHICS COMMITTEE OPINION 02-1 January 11, 2002 An attorney may not give a bonus to a nonlawyer employee solely based on the number of hours worked by the employee. RPC: 4-5.4 A member of The Florida Bar has requested an advisory ethics opinion. The operative facts as presented in the inquiring attorney's letter and telephone call are as follows. Specifically, the attorney inquires: May I bonus a non-lawyer employee based on the number of hours the non-lawyer employee has worked on |
| ETHICS, OPINION 02-3 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 02-3 June 21, 2002 The Professional Ethics Committee discusses various situations involving representation of both driver and passenger(s) in a car accident, determining that whether or not a conflict of interests exists and whether or not a conflict may be waived, must be done on a case-by-case basis. RPC: 4-1.7(a) and (b); 4-1.9(a) and (b); 4-1.16(a) and (d) Opinions: 72-7; 73-2; 89-1; 95-4; Oregon 200-158; Philadelphia 91-12; Pennsylvania 97-116; Texas 5 |
| ETHICS, OPINION 02-4 FLORIDA BAR PROFESSIONAL ETHICS COMMITTEE OPINION 02-4 (April 2, 2004) When the lawyer in a personal injury case is in possession of settlement funds against which third persons claim an interest, there is no bright line rule that can address all situations. An attorney cannot assist a client in unlawfully avoiding statutory liens or court orders involving the funds. If the lawyer is a party to the agreement giving rise to the claim, the lawyer must comply with the lawyer’s agreement. If the client is a p |
| ETHICS, OPINION 02-5 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 02-5 (March 7, 2003) A lawyer may give a second opinion to a person who is represented by counsel on how the person’s current lawyer is handling the case or give information on the services the lawyer may provide. The lawyer should not solicit the person who is represented. Note: Loreen I. Kreizinger, P.A. v. Sheldon J. Schlesinger, P.A., 925 So.2d 431 (Fla. 4th DCA 4/5/2006) states that "Where a client initiates contact with a new lawyer which results in th |
| ETHICS, OPINION 02-6 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 02-6 (March 7, 2003) An attorney representing the seller, who is holding the deposit for a purchase agreement that has not been closed on time by the buyer, may not remit the funds to the seller/client if the buyer has a valid legal claim to the escrow funds and the attorney has a legal duty to protect the funds. The attorney must continue to hold the funds in trust until the dispute is resolved or the attorney may file an interpleader and deposit the funds in |
| ETHICS, OPINION 02-7 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 02-7 September 13, 2002 An attorney hired by an insurance company to defend an insured in an employment discrimination claim must provide a copy of the insured statement of client’s rights only if there is an element of personal injury involved in the claim. The attorney should make similar disclosures to the insured even if there is not an element of personal injury, but may choose the method of disclosure. RPC: 4-1.8(j) A member of The Florida Bar has inqui |
| ETHICS, OPINION 02-8 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 02-8 (January 16, 2004) A lawyer may not enter into a referral arrangement with a nonlawyer who is a securities dealer to refer the lawyer’s clients to the securities dealer, who would then pay the lawyer a portion of the advisory fee for the clients referred. A lawyer may refer a client to the lawyer’s own ancillary business to provide financial services to the client only if the referral is in the client’s best interests and the lawyer follows the rule o |
| ETHICS, OPINION 04-1 PROFESSIONAL ETHICS OF THE FLORIDA BAR OPINION 04-1 June 24, 2005 A lawyer whose client has repeatedly stated that the client will commit perjury must withdraw from the representation and inform the court of the client’s intent to lie under oath. When the withdrawal and disclosure occur depends on the circumstances and may be made ex parte in camera if permitted by the court. Note: This opinion was approved by The Florida Bar Board of Governors on October 21, 2005. RPC: 4-1.2(d), 4-1.6, 4-1.7, 4-1.16, 4 |
| ETHICS, OPINION 04-2 PROFESSIONAL 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 its imposes restrictions on the lawyer broader than the lawyer’s own client can impose, whether the prov |
| 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), |