Ethics – Informational Packets
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. Packets are provided by The Florida Bar Ethics Department.
On This Page
Ancillary and other Business Arrangements
Attorney Liens
Candor Toward the Tribunal
Closed Files
Communication with Adverse Party
Financial Assistance to Clients
Interstate Law Firms
Legal Assistants and Nonlawyer Employees
Notifying Clients of Change in Firm Composition
Of Counsel
Outsourcing Paralegal Work
Referral Fees
Technology Packet
Ancillary and other Business Arrangements
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
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
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
This packet provides guidelines for attorneys who wish to dispose of closed files.
Communication with Adverse Party
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 to Clients
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
The information in this packet sets forth the requirements for interstate law firms to practice law in Florida.
Legal Assistants and Nonlawyer Employees
This packet includes information and ethics opinions describing proper and improper activities of legal assistants and nonlawyer employees.
Notifying Clients of Change in Firm Composition
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
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 Paralegal Work
This packet contains information discusses the ethical considerations when outsourcing and/or offshoring paralegal work.
Referral Fees
This packet includes information regarding the division of fees between lawyers in different firms.
Technology Packet
This packet includes ethics opinions relating to social media, cloud computing, e-Portal filings, electronic storage, providing legal services over the Internet and electronic signatures. Additionally, the packet includes an advertising opinion relating to chat rooms and guidelines for social media and video sharing.