Ethics Opinions by Subject
Advisory ethics opinions are not binding.
Accepting
Employment from heir hunting service 77-8, 97-3
Employment from tax advisory company to represent taxpayers seeking tax reductions 64-29
ACLU not provider of group legal services 70-48
After representing husband, advising wife she has newly created cause of action for same matter 71-46
Announcements
Availability to consult or associate on certain cases 70-59, 70-61
Change of firm name 67-8
Departure from law firm 93-4
Leaving military service 70-59
Merger with another firm 67-35
Opening of office 67-35
Associate notifying clients of departure from law firm 93-4
Association urging members to employ particular lawyer for litigation 74-25
Barter exchange membership 84-2
Books
Biographical sketch in CLE manuals 64-30
Publicity 71-61
Brochures
Describing lawyer referral service distributed in hospitals 75-30
Published by The Florida Bar provided by law firm to bank for distribution 64-32
Business cards left with bank officer for referrals 62-69
Candidate-attorney passing out cards 63-35
Chat rooms A-00-1 (Rev)
Chatbots and generative AI 24-1
Checks identifying lawyer as attorney at law 65-14
Contacting prospective clients when friend of lawyer asks lawyer to prepare wills for him and colleagues 65-20
Corporate director's law firm identified in annual report 75-11
Degrees listed 88-2
Donation of legal service for auction by charity 86-9
Dual professions 78-14, 79-3, 88-15, 94-6, 02-8
Educational programs open to public 67-42
Endorsement of political candidate by lawyer 62-45
Faculty members listing J.D.'s in university publication 69-5
Former judge's use of title "judge" A-09-1
Generative AI 24-1
Heir hunting, referrals from 77-8, 97-3
Informational newsletters A-99-1
Internet chat rooms & bulletin boards A-00-1 (Rev)
"Jesus is Lord" included in advertisement 82-1
"Juris Doctor" used in ad 88-2
Law firm establishing so-called hotline to make referrals only to that firm 88-13
Lawyer who issues title insurance policies advising purchasers of real estate that the owner's coverage is available 69-25
Marketing director, permissible activities 89-4
Mediation practice 94-6
Minister/attorney displaying ordination certificate in office 69-38
Misrepresentation 88-13
Newsletters A-99-1
Newspaper columns and articles 61-40, 62-14, 64-79, 70-30, 71-31, 75-16
Nonlawyer employees, solicitations by 89-4
Notification to clients when attorney leaves law firm 69-1, 93-4
Notification to testators of changes in law or circumstances affecting wills 64-60, 64-61
Obsolete opinions withdrawn 86-7
Payments to
Marketing director 89-4
Qualifying providers/lawyer referral service 18-1
Postage meter bearing slogan 68-1
Prospective clients, newsletters sent to A-99-1
Referral service making referrals to single law firm 88-13
Referrals from
Heir hunting service 77-8, 97-3
Insurance agent 72-6
Marketing director 89-4
Public adjusters 92-3
Qualifying providers/lawyer referral services 18-1
Requesting that title insurance company permit attorney to examine its work product for a fee 75-27
Second opinions, lawyer should not solicit the person seeking opinion 02-5
Seminars for nonlawyers 62-20, 67-48
Serving as corporate director and permitting identification of law firm in corporate reports 75-11
Signs
Indicating lawyer is also real estate broker 79-3
On office door, indicating member of firm is legislator 68-29
Outdoors 78-13
Solicitation and referrals by
Heir-hunting service 77-8
Marketing director, permissible activities 89-4
Public adjusters 92-3
Securities arbitration company 95-2
Store-front referral schemes 88-13
Teaching college course and accepting employment by association of which student is a member 75-10
Television programs 62-52, 64-9
Yellow Pages
Listing under both patent lawyer and attorney headings 69-8
Listings in multiple counties for members of firm having offices in multiple counties 76-6
ACLU not provider of group legal services 70-48
Assistant city attorney representing interests of employee union before city officials 64-57
Association urging members to employ particular lawyer for litigation 74-25
Foundation's attorney preparing wills for constituents and guests of foundation as part of duties 61-26
Government lawyer joining employee union 64-57, 77-15, 77-15 (BOG)
Labor union's attorney representing individual members of union 67-23
Lawyer who represented cooperative later representing member attacking bylaws change 68-16
Organizing association of bank attorneys 63-32
Practicing attorney employed as executive director of association 71-4
Accepting employment by real estate broker to prepare deed with no contact with either party to real estate transaction 67-14
Advising client to clean up social media 14-1
Agreement to pay fees and costs assessed to client 96-3
Agreement to unconditionally be responsible for client's litigation costs 96-1
Allowing client to send out form letters on law firm's letterhead 70-27, 71-23, 75-4
Assistant state attorney advising crime victims of existence of civil restitution lien does not necessarily trigger 94-2
Assisting client in illegal conduct 73-32
Bank's attorney permitting lay representative of bank to conduct deposition of judgment debtor 67-27
Breach of fee agreement by client 88-1, 90-2, 95-3
Client's right to choose attorney 66-39, 69-1, 70-18, 93-4, 95-2
Client's rights, statement of, in contingent fee cases 88-10
Commencement of representation, when deemed to occur 78-4, 90-4, 02-3, 02-5, 24-1
Consent of client necessary for representation by certified intern 80-6
Court-appointed defense attorney's duty when appeal seems frivolous 81-9
Creditors of client
Advised by attorney that he holds funds due client 60-34
Interpleader action instituted by lawyer when client withdraws authorization to pay medical bills 67-36, 02-4
Documents wrongfully obtained 07-1
Drafting legal document for client when uncertain as to legality 76-35
Duty to
Advise client of fee arrangement with referring attorney 90-3, 90-8
Advise client of lawyer's compensation by third party 60-26, 70-13, 75-40, 76-36, 02-8
Clients when closing practice 74-43, 77-1, 81-8
Continue representing client post-judgment 77-5
Disclose interest in business to which client is referred 72-26, 73-1, 02-8
File suit to toll statute of limitations when client disappears 72-36, 72-36 (Rec), 77-2
Mentally disabled client 73-25, 85-4, 21-3
Protect client's interests when withdrawing 73-25, 84-3, 02-3
Entry of judgment not presumed to dissolve relationship 77-5
Funding companies, advice to client 00-3
Indemnifying bond company for losses client fails to reimburse 70-8
Initial interviews conducted by nonlawyer assistant 88-6
Internet
Chatbots and generative AI 24-1
Internet bulletin boards & chat rooms A-00-1 (Rev)
Provision of legal services 00-4, 00-4 (Rec)
Lawyer defending self against charge of incompetence or misconduct 70-40, 71-60
Mentally disabled client 73-25, 85-4, 21-3
Necessity of direct relationship 61-1, 67-14, 67-15, 95-2
Notarizing client's execution of pleadings 67-19
Notice of worthless check sent on behalf of client 85-3
Notification when attorney leaves firm 69-1, 93-4
Opposing party contacted for information about counsel's conduct 88-4
Permitting nonlawyer representative of client to take judgment debtor's deposition 67-27
Pleadings prepared but not signed by lawyer 79-7, 79-7 (Rec)
Privilege, decision to assert 65-7, 70-40, 74-7, 92-5, 93-3
Referral fee paid to attorney by business to which client is referred 60-26, 63-14, 67-25, 70-13, 02-8
Referring clients to business in which lawyer has interest 72-26, 73-1, 02-8
Relationship not automatically terminated by entry of judgment 65-3, 77-5
Reporting delinquent former client to credit reporting service 90-2
Representation, when deemed to commence 78-4, 90-4, 02-3
Representing
Client who has discharged prior attorney where client has fee contract with prior attorney 70-18
Client's business competitor despite client's objections 68-10
Clients in controversy involving dispute with their previous lawyer 66-39
Clients solicited by lay company or persons 77-8, 92-3, 95-2, 97-3
Second opinions 02-5
Signing affidavits for clients on formal or procedural matters 64-36
Statement of client rights 88-10
Subordinating right to enforce fee award to needs of client 65-8, 88-1
Suing client to recover fee 61-33, 84-4, 88-1
Wills
Memorandum concerning effects of changed circumstances 64-60
Notification regarding changes in law 64-61
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 transaction 71-18
Seeking fee award in mortgage foreclosure 87-8
Signing and mailing form collection letters filled out by bank employees 75-4
Charging bank's attorney's fee to one of parties to loan transaction 63-21, 64-56, 69-39, 87-8
Compensation of in-house counsel 87-8
In-house counsel 87-8
Mortgage foreclosures 87-8
Services provided to bank at nominal charge in return for receiving title examination work 64-58
Participation by attorney 84-2
Bail bond business 72-26
Corporate officer or employee
Director's law firm identified in corporate reports 75-11
Generally 63-12
Manager's salary reduced according to fees earned in private practice 62-7
Corporation that acts as fiscal agent for cities 61-13
Forming association for collection agency 59-41
Holding company formed by attorney to receive title to property for client 62-28
Investing in corporation of accountants 61-19, 61-19 (Supp)
Investment advisor 02-8
Juror investigation service 73-20
Legal fee insurance company 73-17
Mediation practice 94-6
Operating non-law business from law firm offices 78-14, 88-15, 94-6
Practicing attorney employed as executive director of private association 71-4
Professional service corporation composed of lawyer and accountants 61-19, 61-19 (Supp)
Real estate business 78-14
Referring legal clients to
Ancillary business owned by lawyer 02-8
Bail bond business in which lawyer owns stock 72-26
Serving as director, shareholder and legal advisor for client's consulting service and representing service's customers 63-37
Title insurance company 73-1
Donation of legal service for auction by charity 86-9
Lawyer soliciting contributions 73-11, 74-10 (Rec)
Lawyers forming nonprofit corporation to provide free legal assistance 71-69
Participation in charitable organization's legal aid program 66-24
Applying money received on behalf of client to satisfy judgment for fees owed from prior representation 82-2, 87-12
Charging fees and expenses from two cases against settlement received in one case 62-15
Disclosing possession of client's funds to client's creditors 60-34
Holding company formed by lawyer to receive title to property for clients 62-28
Institution of interpleader action
Client withdraws authority to pay medical bills 67-36, 02-4
Deposit on purchase of real property when buyer is in default 02-6
Institution of interpleader action when client withdraws authority to pay medical bills 67-36
Issuing settlement check solely to wife when both husband and wife executed release 63-3
Keeping client funds in several accounts to assure complete FDIC coverage 72-37
Missing client's funds 61-15, 63-3
Partners' obligations when former partner misappropriated client funds 73-5
Placing client funds in interest-bearing certificates or deposits with interest going to law firm 72-13
Referral fee accepted from financial institution or business for placing client funds in that institution 60-26, 63-14, 67-25, 70-13, 02-8
"Specific purpose funds" 82-2, 87-12
Writ of execution used to obtain ownership of stock certificate left with lawyer 71-67
Collection agency's lawyer
Allowing client to send form letters on law firm's letterhead 70-27
Representing clients of agency in collections 66-72
Referral fee paid to 62-18
Reporting former client to credit reporting service 90-2
Salaried in-house counsel seeking fee award 70-56
Using to collect delinquent fees 81-3
Claimant's attorney communicating directly with
Adjusters in settlement negotiations 70-33
Claims personnel in litigated workers' compensation case 65-62
Commencement of representation, when deemed to occur 78-4, 90-4
Corporate parties 78-4, 88-14, 90-4
Creditor's attorney sending deceptive form letter to debtors 68-26
Former employees of corporate party 88-14
Government agency as party 87-2, 09-1
Insured, to
Give notice of intent to file suit 59-27, 71-3
Obtain assignment of bad faith claim 71-3
Opposing party to make settlement offer 76-21
Interviewing opposing party
About prospective testimony 69-40
To investigate opposing counsel's conduct 88-4
Lawyer representing defendant in class action and related criminal prosecution conferring with person who is both plaintiff in civil case and witness for state in criminal case 74-52
Post-judgment communications 65-3, 77-5
Pro se defendant who is represented in related matter 94-4
Second opinion to person represented by counsel 02-5
Settlement negotiations
Claimant's attorney sending unrepresented insured copies of letters addressed to insurance company 67-26
Negotiating with insurance company adjusters 70-33
Transmitting settlement offers directly to opposing party when opposing counsel suspected of not conveying offers 76-21
Statute requiring notice or service of process directly on adverse party 89-6
Title defect disclosed to unrepresented borrower by mortgage company's lawyer 65-58
United Stated Department of Justice attorneys 90-4
Unrepresented person, dealings with 65-58, 68-26, 68-46, 94-2, 94-4
Book on legal subject 71-61
CLE manuals 64-30
College course 75-10
Educational programs open to public 67-42
Florida Bar pamphlets provided by law firm to bank for distribution 64-32
Law firm joining civic organization 66-75
Newspaper columns and articles 61-40, 62-14, 64-79, 70-30, 71-31, 75-16
Seeking participation of former jurors in seminar for lawyers 71-40
AI programs 24-1
Appealing court order requiring attorney to disclose confidential information 65-7
Assets of client disclosed to bank named as sole executor in will 72-40
Cloud computing 12-3
Corporate parties, former employees of, questioned regarding privileged matters 88-14
Creditors of client informed that attorney holds client's funds 60-34
Deceased client 10-3
Decision whether to assert privilege 65-7, 70-40, 74-7, 93-3
Disclosure of
Adoption clients' identity 68-31, 85-2
Advice given to client, to court 70-40
Appraisal of client's assets, to IRS 65-54
Assets of client, to bank named sole executor in client's will 72-40
Cash payments over $10,000 to IRS 92-5
Client jumping bail 90-1
Client's intent to commit perjury 04-1
Client's name and address, to IRS 62-24
Client's use of false name to court 90-6 (Rec)
Communications between lawyer and clients, to grand jury 71-29
Confidential information by adversary 93-3, 07-1
Confidential information in Metadata 06-2
Confidential information through use of technology 10-2
Confidentiality in response to online review 20-1, 21-1
Crime or fraud by client 63-23, 70-40, 82-3, 07-1
Decedent's information to personal representative 10-3
Documents wrongfully obtained 07-1
Fear that clients will commit violence against defendant if suit unsuccessful 59-23
Funds of client in lawyer's possession, to creditors 60-34
Information about client public official, to news media 74-38
Information relevant to the collection of a debt 81-3, 90-2
Medical records and accident reports to funding company 00-3
Misconduct by another lawyer, when information privileged 76-47
Prior convictions of client 86-3
Privileged information, to establish right to charging lien and defend misconduct charge 71-60
Probate client's revelation that deceased common-law husband has legal, living wife 65-50
Prospective client's communications 07-3
Separate confidence learned from husband to wife in joint representation 95-4
Trust account records 72-3, 93-5, 12-4
E mail encryption 00-4, 00-4 (Rec)
Estate's attorney withholding appraisal of assets from IRS 65-54
Files 74-43
Financial disclosure laws for public officials 77-25
Funding company provided with information regarding personal injury clients 00-3
Generative AI 24-1
Identity of clients 62-24, 68-31, 74-7, 77-25, 85-2, 93-5, 11-1
Inadvertent release of confidential information by adversary 93-3, 06-2
Internet practice 00-4, 00-4 (Rec)
IRS demands
Appraisal of assets 65-54
Information to complete Form 8300 92-5
Name and address of client 62-24
Trust account records 72-3
Judgment debtor's attorney ordered to testify about client's assets 65-7
Legal services organization disclosing information to funding agency 79-5
Legal services organization, intake interview not confidential 92-1
Metadata 06-2
Misdelivered documents 93-3, 06-2
Office equipment, confidentiality in use of 10-2
Outsourcing 07-2
Prosecutor revealing in civil action against police officers confidential information received from them 76-4
Prospective client's communications 07-3
Subpoena served on attorney to testify 65-7, 70-40, 71-29
Temporary placements for lawyers 88-12
Title insurance company requests trust records of agent for audit 93-5
Transitional conference with client's successor counsel 66-22, 84-3
Trust account records requested
by IRS 72-3
by title insurance company 93-5
Writ of garnishment served on attorney 66-78
Accepting client referred by firm having conflict of interests 73-2, 89-1
Accepting set fee per case from insurance company 98-2
Adding as defendant a person who paid part of cost deposit and discussed suit with attorney 68-34
Adoption intermediation 85-2
Arbitration 87-10
Assistant state attorney advising crime victims of existence of civil restitution lien 94-2
City councilman representing client re: accident investigated by city police 71-25
Current multiple representation
Advisor to city's personnel board representing private clients before or against city 59-25, 69-21
Attorney acting as trustee for loan company that loans money to client 92-6
Attorney employed by insurance carrier to represent defendant advising defendant of plaintiff's offer to release defendant 65-70
Both parties in divorce 60-9, 71-45, 71-45 (Rec)
Carrier and employer, preparing coverage opinion letter 93-8
Client's business competitor over client's objections 68-10
Condominium developer and owners' association controlled by developer 69-2
Continuing representation of wife in post-dissolution proceedings after husband joins group represented by partner 85-1
Corporation and principal in consolidated litigation in which their positions are facially adverse 70-5
County attorney
Also representing property owners in condemnation suits 59-2, 69-22
Representing individual commissioner before state ethics commission 77-30, 77-30 (Rec)
County government and traffic defendants in county court 81-7
County prosecutor representing plaintiff in auto accident case against defendant charged with criminal violation 59-2
Defending client in two negligence actions brought against him while defending another person in unrelated negligence action brought by same client 65-13
Driver and passenger in car accident 73-2, 02-3
Estate Planning 95-4
Heir hunting service and heir 97-3
Insurance company's lawyer also representing
Another party in friendly suit 76-2, 77-18
Employer, preparing coverage opinion letter 93-8
Insured when clients' interests conflict 78-17
Insured when insurer restricts performance of duties 81-5
Physician in malpractice action 86-6
Legal advisor to both zoning commission and zoning appeals board 72-12
Legal aid organization representing conflicting interests 67-37
Legal service organization may represent one party or refer opposing parties to private pro bono attorneys 92-1
Legal services attorney representing defendant when plaintiff represented by member of board 69-24
Municipality in one type of matter and private clients against municipality in other matters 75-33
"Of counsel" lawyer and member of law firm representing opposing parties 61-20
Office-sharing lawyers representing opposing parties 77-3
One client in suit against another client 60-36, 62-59, 70-57
Opposing parties 61-20, 71-45, 71-45 (Rec), 77-3
Personal injury plaintiffs against particular insurance company and same insurer against other personal injury plaintiffs 65-41, 75-17, 75-17 (Rec)
Physician and insurance carrier in malpractice action 86-6
Plaintiff in civil action against defendant and same defendant in unrelated criminal case 68-53
Police legal advisor/legal officer engaged in criminal defense work 76-43, 78-7
Police organization and individual police officers 74-34
Preparing coverage opinion letter when representing carrier and employer 93-8
Public defender serving simultaneously as prosecuting attorney 68-57
School board represented by assistant state attorney 65-72
Sheriff represented by lawyers who maintain criminal defense practice 74-37, 74-37 (Rec), 76-3, 78-8
State board consisting of governor and cabinet represented by firm that also represents private clients in suits against cabinet members and state agencies 65-42
Union and its individual members 67-23
Duty of lawyer
Employed by insurer to tell insured of plaintiff's offer 65-70
For personal representative to surviving spouse of decedent 76-16
Representing joint clients in estate planning, upon learning separate adverse confidence 95-4
Who resigned as director and counsel of corporation because of president's conduct 65-59
Employment by bank to prepare necessary documents for corporate employers adopting pension or profit-sharing plans to be administered by bank 64-71, 64-74
Fees, entitlement to when matter referred out due to conflict 62-57, 73-2, 89-1, 02-3
Former
Law clerk to federal judge performing legal services for trustee in bankruptcy matter in which he was formerly involved 76-24
Partner of hospital president defending medical staff in suit based on actions taken by staff during time law partnership existed 72-17
Prosecutors and government attorneys 60-24, 62-58, 66-62, 67-21, 69-14, 72-41, 72-41 (Rec), 75-43
Former client
A represented in transaction with B, then B against A in related matter 62-59
Assistant attorney general handling litigation for state against former client 71-14
Attacking validity of document drawn for client 59-32, 68-16
Attorney whose firm organized corporation later representing plaintiff in litigation against corporation 69-32
Client in litigation against former client 70-52, 71-18
Cooperative represented first, then member attacking bylaws change 68-16
Defending owner in suit by passenger and then defending driver in suit by owner 65-56
Handling lender's foreclosure of borrower's mortgages after representing borrower in course of duties as lender's attorney 61-23, 71-18
Holding settlement discussions with husband and wife and then representing one in obtaining dissolution 79-7, 79-7 (Rec)
Husband represented in divorce after both spouses represented on other matters 73-3
Joining firm representing plaintiff after having represented defendant in related suit 66-22
One member of firm representing one party to accident, then second member of firm representing second party in suit against first one 72-7
One party to accident represented in suit against second, then third party represented against first 66-77
Representing employee of corporate client and later advising corporation on unrelated claim made against it by same employee 67-16
Resigning as counsel to corporation and then representing stockholders in derivative action 65-59
Taking sides in dispute arising from transaction after representing all parties in transaction 66-60, 69-37
Worker's compensation claimant represented after representation of president of corporate employer 65-23
Imputed disqualification
Associate of firm representing one party moving to firm representing opposing party 65-46
City attorney attacking validity of instrument drawn by partner when partner was city attorney 59-32
City official's partner 62-5
Continuing representation of wife in post-dissolution proceedings after husband joins group represented by partner 85-1
Criminal defendants in cases on which new partner in firm worked while prosecutor 72-41, 72-41 (Rec)
Defendant while firm represents plaintiff 61-20
Defendant's former attorneys joining firm representing plaintiff in related suit against same defendant 66-22
Government attorney's partner or associate 60-12, 63-24, 67-12, 72-38, 96-2
Hospital commissioner's law firm suing hospital on behalf of client 74-8
Legislator's partner 73-19, 76-5
One member of firm representing driver in traffic court while another member represents owner in suit against driver 72-7
Opposing parties represented by lawyers sharing office space 77-3
Prosecuting someone formerly represented by partner 63-31
Prosecutors' law firms 60-13, 64-72, 66-1, 68-35, 72-9, 75-14, 78-5
Public officials' law firms 62-5, 65-2, 65-57, 67-12, 71-59, 73-19, 76-5
Representing driver and passenger in car accident 73-2, 02-3
Representing sheriff while partner engages in criminal defense practice 74-37, 74-37 (Rec), 76-3, 78-8, 96-2
Transitional conference with client's successor counsel after withdrawing due to conflict of interest 66-22, 84-3
Insurance arbitration 87-10
Insurance company lawyer preparing estate analyses for prospective clients of company 64-33
Insurance company lawyer representing employer, preparing coverage opinion letter 93-8
Intermediary in private adoption 85-2
Lender's attorney examining title in connection with loan, with fee charged to borrower 63-21
Loan company loans money to clients with attorney as trustee 92-6
Mayor referring cases against city 62-57
Medical malpractice 86-6, 87-1
Municipal advisory board member representing private clients before other municipal agencies 74-27
Nonlawyer employees of law firms 86-5
Opposing counsel intends to call lawyer as witness 64-39, 72-2, 74-36
Outsourcing 07-2
Personal interests of lawyer
Assistant city attorney who is president of city employees association presenting its proposals to municipal officials 64-57
Clients referred to
Bank for real estate loan in return for lawyer getting bank's closing and title insurance business 62-72
Business in which lawyer has interest 72-26, 73-1, 02-8
Particular businesses or institutions in return for referral fee 60-26, 63-14, 67-25, 70-13, 02-8
Filing class action naming self as class representative, seeking to represent class as attorney and seeking attorney's fee 75-7
Government attorney's membership in employee union 64-57, 77-15, 77-15 (BOG)
Hospital commissioner's law firm representing client in suit against hospital 74-8
Involvement with securities arbitration company that solicited client 95-2
Lawyer's Title Guaranty Fund member representing client on claim against fund 66-11
Providing or obtaining title insurance and retaining part of premium 61-60, 70-49, 74-50, 75-6, 75-40, 76-36
Representing worker's compensation claimant when president of corporation is close friend 65-23
Requiring client to sign an indemnity agreement before releasing funds held as deposit in real estate transaction 02-6
Serving as attorney for public board chaired by partner 65-57
Setting up own corporation to act as fiscal agent for cities while also representing cities using corporation's services 61-13
Subordinating right to enforce fee award to needs of client 65-8
Principal in corporation representing corporation in litigation in which he will be material witness 76-26
Prospective client 02-3
Reducing to writing settlement agreement reached by client and unrepresented spouse 66-8
Representing
Civil plaintiff after conducting related criminal proceedings as coroner 61-22
Client in restoration of competency after having been removed as counsel for same client in personal injury action 63-11
Clients solicited by heir-hunting service 77-8, 97-3
Department of Insurance in child support cases 11-1
Insurance carrier and employer 93-8
Insurance carrier and serving as non-neutral arbitrator 87-10
Insured in dispute with insurance carrier when carrier is paying fee 70-58
Insured when insurer instructs attorney to file for summary judgment 97-1
Insured when insurer restricts performance of duties 81-5
One party in dissolution of marriage and preparing settlement agreement or answer for signature of other, unrepresented party 66-8
One spouse in obtaining dissolution after holding settlement discussions with both 79-7, 79-7 (Rec)
Own law firm in suit against client for fees 84-4
Passenger and driver, transitional conference upon withdrawal 73-2
Securities arbitration business, lawyer accepting referrals 95-2
Successive representation
Accident victim against hotel subsequent to period in which hotel was insured by another client 59-37
Court-appointed counsel for criminal defendant representing same client in subsequent suit against state 73-47
Department of Insurance lawyer in child support cases 11-1
Former law clerk to federal judge performing legal services for trustee in bankruptcy matter in which he was formerly involved 76-24
Handling lender's foreclosure of borrower's mortgages after representing borrower in course of duties as attorney for lender 61-23, 71-18
Insurance company A's counsel appearing for plaintiff in action against insurance company B after A and plaintiff settle 66-7
Serving as "next friend" in proceedings to reestablish person's civil rights and subsequently representing her in proceedings to establish common law marriage 60-23
Temporary positions 88-12
Widow in airplane collision case against two pilots and then representing one pilot against the other in suit based on same incident 62-9
Supervising attorney influencing lawyer's professional judgment 78-15
Switching sides
Advising tax assessor in property dispute between city and corporation, then representing city in declaratory action filed by tax assessor 69-7
Associate of firm representing employer/carrier moving to firm representing claimant 65-46
Attacking validity of document drawn for client 59-32, 68-16
Conducting examination of taxpayer's returns while a lay employee of IRS and later representing same taxpayer in related IRS investigation 71-1
Consulting with two parties to accident, representing one in traffic court, then representing second one in related suit against first one 72-7
County attorney representing county in condemnation proceeding after having represented some property owners in same matter 66-53
Defendant's former attorneys joining firm representing plaintiff in related matter 66-22
Department of Insurance lawyer in child support cases 11-1
Divorce action 60-9
Nonlawyer employee moving from one law firm to opposing firm in litigation 86-5
Representing group that opposed rezoning of tract and later representing party seeking similar rezoning of adjacent tract 68-12
Temporary placement agencies for lawyers 88-12
Transitional conferences held between withdrawing law firm and substitute counsel 66-22, 84-3
Union membership 64-57, 77-15, 77-15 (BOG)
Waiver of conflict 02-3
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
Business card 98-3
Letterhead 98-3
Requesting court award of fees 70-56, 87-8
Role 70-3
Letterhead 68-33, 79-2 & 81-2 (Con), 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
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
Documents wrongfully obtained 07-1
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
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
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
Loans from financing company for fees 16-2
"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
Appointed to represent respondent in emergency temporary guardianship proceedings 21-3
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
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
Attorney who has resigned from The Florida Bar 90-3
Disbarred lawyer 65-21, 66-20, 90-3
Suspended co-counsel 72-16, 90-3
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
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
Specializing in real estate law while maintaining broker's license 62-17, 79-4
Title insurance company, attorney owning interest in 73-1
Communications with opposing party 77-5
Contempt proceedings to enforce court-awarded fee 65-8
Contingent fees 87-3
Continuing to represent wife in post-dissolution proceedings after husband joins group represented by partner 85-1
Duty to continue representation to pursue post-judgment remedies 77-5
Fees
Awards 87-3
Contingent 87-3
Subordinating right to enforce fee award to needs of client 65-8
Intermediary in private adoption 85-2
Lawyer's wife testifying on behalf of client on child custody 61-31
Post-judgment
Communications with opposing party 77-5
Remedies, duty to represent client in pursuing 77-5
Preparing answer for signature of opposing, unrepresented spouse 66-8
Reducing to writing terms of property settlement agreement reached between client and unrepresented spouse 66-8
Representing
Both spouses in divorce 60-9, 71-45, 71-45 (Rec)
Husband in divorce after representing both spouses in other matters 73-3
One spouse in obtaining dissolution after holding settlement discussions with both 79-7, 79-7 (Rec)
Settlement agreements 66-8, 79-7, 79-7 (Rec)
Subordinating right to enforce fee award to needs of client 65-8
Switching sides in divorce action 60-9
Account receivable representing fees assigned to third party 72-43
Accounts receivable assigned to corporation owned by law firm 95-3
Applying funds received on behalf of client
In one case to fees owed for another case 62-15
To satisfy judgment for fees 82-2, 87-12
Assignment of
Accounts receivable representing attorney's fees 72-43, 95-3
Client's cash bond taken by criminal defense attorney as security for fixed fee 71-19
Awards 60-33, 67-1, 70-56, 73-6, 87-3, 87-8
Barter exchange 84-2
Billing nonlawyer time separately to client 75-29, 76-33 & 76-38 (Con), 07-2
Collection
Assigning accounts receivable representing fees 72-43, 95-3
Collection agency used when fees delinquent 81-3, 95-3
Contempt proceedings to enforce court-awarded fee 65-8, 88-1
Filing suit to resolve fee dispute with insurance carrier 61-33
Reporting former client to credit reporting service 90-2
Representing own firm in suit against client for fees 84-4
Subordinating right to enforce fee award to needs of client 65-8, 88-1
Suing client to recover fee 84-4, 88-1
Writ of execution against former client's stock certificate in attorney's possession 71-67
Condemnation cases
Contingent fee in addition to court-awarded fee 67-1
Statutory attorney's fee collected by lawyer on annual retainer 60-33
Contempt proceedings to enforce court-awarded fee 65-8, 88-1
Contingent fees
Condemnation cases 67-1
Consulting firm that is paid contingent fee providing expert witness 98-1
Discharged attorney's compensation 76-29, 88-11, 88-11 Rec
Dissolution of marriage cases 87-3
Dividing with lawyer who served as witness 68-19
Improper to form law firm to evade applicability of fee division rule 93-6, 93-7
Maximum fee schedule, applicability of 88-10
Personal injury cases 88-10, 88-11, 88-11 Rec
Refund of fee in criminal case if post-conviction relief not obtained 80-5
Statement of client rights 88-10
Costs and Expenses
Agreement to pay fees and costs assessed to a client 96-3
Agreement to unconditionally be responsible for client's litigation costs 96-1
Cost of copying file 88-11 Rec, 00-3
Expert witness' fee 67-44, 72-27
Forgiving advanced costs 16-1
Generative AI 24-1
Indemnifying bonding company for losses client fails to reimburse 70-8
Interest on contingent costs 18-2
Legal services financing plan sponsored by local bar and banks 67-46
Loan company loans money to clients if attorney acts as trustee for company 92-6
Loans from advance funding companies for clients' personal expenses 00-3
Loans from financing company for fees in criminal defense representation 16-2
Medical witness' fee 72-2
Nonlawyer time 75-29, 76-33 & 76-38 (Con)
Refusing to turn over file when costs not reimbursed 71-57, 88-11, 88-11 Rec
Revolving fund established by bar group to make loans to needy plaintiffs 61-29
Credit card plans 16-2
Credit reporting service used when fees delinquent 90-2
Criminal cases
Loans from financing company for fees 16-2
Promissory note 70-12
Delinquent fees
Affidavit filed in public record to embarrass former client into paying delinquent fee 74-30
Charging interest 68-21, 71-26, 86-2
Collection agency used to collect 81-3, 95-3
List of clients delinquent in payment of fees maintained by local bar 64-66
Reporting former client to credit reporting service 90-2
Retaining liens 62-71, 65-10, 68-21, 68-37, 70-17, 71-67, 82-2, 87-12
Suing client to recover fee 84-4, 88-1
Discharged attorneys
Entitlement to compensation 88-11, 88-11 Rec
Quantum meruit 88-11, 88-11 Rec
Refusing to turn over file until costs reimbursed 71-57, 88-11, 88-11 Rec
Successor attorney's obligation to share or protect fee 68-37, 70-18, 76-29
Worker's compensation claimant's discharged attorney petitioning for fee 66-42
Division of fees
Agreement by group of attorneys not partners to divide fee if one of them probates will drafted by another of them 66-37
Attorney who has resigned from Florida Bar 90-3
Attorney who leaves firm 94-1
Attorney who served only as witness 68-19
Basis for division 73-2
Bonus to nonlawyer employee 02-1
Conflict of interest, basis for division when present 62-57, 73-2, 89-1, 02-3
Disbarred lawyer 65-21, 66-20, 90-3
Duty to advise client of fee arrangement with referring attorney 90-3, 90-8
Estate of deceased lawyer 74-47
Improper to form law firm to evade applicability of fee division rule 93-6, 93-7
Nonlawyers 62-18, 64-29, 84-2, 89-4, 92-3, 94-6, 95-1, 95-2, 97-3
Of Counsel attorney 94-7, 00-1
Out-of-state attorneys 62-3, 88-10, 90-8, 17-1
Retiring sole practitioner and lawyer taking over cases 74-47, 77-1
Salary of corporate manager reduced in proportion to fees earned in private practice 62-7
Sale of Law Practice 03-1
Suspended co-counsel 72-16
Temporary placement agency 88-12
File withheld by discharged attorney when costs not reimbursed 71-57, 88-11, 88-11 Rec
Filing suit to resolve fee dispute with insurance carrier 61-33
Flat fees
Generative AI increased efficiency of services 24-1
Handling closings for mortgage lender for fixed monthly compensation 66-29
Payment for services as well as costs, deposit into trust account 93-2
Per case to defend insured 98-2
In-house counsel
Bank's attorney requesting fee award 87-8
Salaried corporate counsel requesting court-awarded fees in collection cases 70-56
Interest charged on fees and costs 68-21, 68-61, 70-12, 71-26, 86-2, 18-2
Legal aid lawyer requesting court-awarded fee 73-6
Legal fee insurance company owned by lawyers 73-17
Nonlawyer staff's time billed separately 75-29, 76-33 & 76-38 (Con)
Nonrefundable fee 93-2
Note for fee bearing interest 68-61
Of Counsel, division of fee with 94-7, 00-1
Outsourcing 07-2
Payment Apps 21-2
Probate fee set in client's will 64-15
Promissory note and mortgage taken to secure fee 68-61, 70-12
Referral fees
Among lawyers 59-23, 62-57, 67-21, 68-19, 73-2, 89-1, 90-3, 90-8, 94-7, 02-3, 17-1
Attorney who leaves firm 94-1
Disciplined attorneys 65-21, 66-20, 72-16, 90-3
Lawyer residing in Florida but not admitted 60-18, 62-3
Nonlawyer paying attorney 60-26, 63-14, 67-25, 70-13, 02-8
Out-of-state attorneys 60-18, 62-3, 88-10, 90-8, 17-1
Paid by insurance company in return for referral of lawyer's clients 67-25
Paid to collection agency 62-18
Qualifying providers/lawyer referral service fees 18-1
Retiring attorney 77-1
Retainers
Defined 93-2
Lawyer on annual retainer collecting court-awarded fee and paying over to client 60-33
Secretarial services charged to client separately 75-29
Services provided for nominal fee to savings and loan in return for receiving title examination work 64-58
Set fee per case to defend insured 98-2
Space-sharing lawyers executing affidavits for each other as to reasonable attorney fees 77-3
Suing client to recover fee 84-4, 88-1
Third-party compensation
Lender's attorney charging fee to purchaser or seller 63-21, 64-56, 69-39, 87-8
Percentage of title insurance premium or fee 61-60, 70-49, 74-50, 75-6, 75-40, 76-36
Referral fee from business to which client is referred 60-26, 63-14, 67-25, 70-13, 02-8
Seller's attorney charging fee to purchaser of real estate 65-34
Set fee per case from insurance company 98-2
Time of nonlawyer billed separately to client 75-29, 76-33 & 76-38 (Con), 07-2
Trust account, when to hold fee payments in 93-2
Cost of copying file 88-11 Rec, 00-3
Disposition
Associate leaving firm 93-4
Closing law practice 74-43, 77-1, 81-8
Deceased attorney's files 74-43
Dissolving law firm 71-62
Partner withdrawing from firm 69-1
Electronic records 06-1, 10-2, 12-3
Property of lawyer rather than client 88-11, 88-11 Rec
Agreement to be unconditionally responsible for client's litigation costs 96-1
Agreement to pay fees and costs assessed to client 96-3
Expert witness fees 67-44, 72-27
Forgiving advanced costs 16-1
Fund financed by contributions from attorneys to provide loans secured by assignment of accident claims 61-29, 68-15
Helping real estate clients obtain loans 64-77
Indemnifying bond company for losses not reimbursed by client 70-8
Legal services financing plan sponsored by county bar and financial institutions 67-46
Living expenses
Advance funding company providing assistance in exchange for interest in clients proceeds 00-3
Helping client get financial assistance 65-39, 00-3
Loan company loans money to clients if attorney acts as trustee for company 92-6
Loan company making loans if lawyer and client sign agreement to repay loan from settlement proceeds 75-24, 00-3
Revolving fund provided by lawyers to assist needy plaintiffs 61-29
Loans from financing company for fees 16-2
Advising both zoning commission and board of zoning appeals 72-12
Also representing property owners in condemnation suits 59-2, 69-22
Assistant attorney general handling litigation for state against former client 71-14
City attorney
Advising city on legislation when partner is legislator 67-12
Appearances by assistant city attorney before state road board or department when partner is on road board 65-2
Attacking validity of instruments drawn by partner when partner was city attorney 59-32
City personnel board's legal advisor also representing private clients before or against city 59-25, 69-21
Former assistant city attorney representing private client in zoning matter 69-14
Law firm representing litigants in cases involving auto accidents investigated by city police 72-9
Maintaining private criminal and civil practice 63-24, 67-52
Prosecuting someone formerly represented by partner 63-31
Representing private claimants against city's insurer 76-18
City councilman
Partner practicing before municipal judge 62-5
Representing client in county and circuit courts 71-12
Representing client re: accident investigated by city police officer 71-25
Communication with government agency 87-2, 09-1
Conflict of interests
Current multiple representation
Advisor to city's personnel board representing private clients before or against city 59-25, 69-21
County government and traffic defendants in county court 81-7
County prosecutor representing plaintiff in auto accident case against defendant charged with criminal violation 59-2
Legal advisor to both zoning commission and zoning appeals board 72-12
Municipality in one type of matter and private clients against municipality in other matters 75-33
Police legal advisor/legal officer engaged in criminal defense work 76-43, 78-7
Public defender serving simultaneously as prosecuting attorney 68-57
School board represented by assistant state attorney 65-72
Sheriff represented by lawyers who maintain criminal defense practice 74-37, 74-37 (Rec), 76-3, 78-8, 96-2
State board consisting of governor and cabinet represented by firm that also represents private clients in suits against cabinet members and state agencies 65-42
Former
Prosecutors and government attorneys 60-24, 62-58, 66-62, 67-21, 69-14, 72-41, 72-41 (Rec), 75-43
Former client
Assistant attorney general handling litigation for state against former client 71-14
Imputed disqualification
City attorney attacking validity of instrument drawn by partner when partner was city attorney 59-32
City official's partner 62-5
Government attorney's partner or associate 60-12, 63-24, 67-12, 72-38
Legislator's partner 73-19, 76-5
"Of counsel" lawyer representing criminal defendants in cases on which new partner in firm worked while prosecutor 72-41, 72-41 (Rec)
Prosecuting someone formerly represented by partner 63-31
Prosecutors' law firms 60-13, 64-72, 66-1, 68-35, 72-9, 75-14, 78-5
Public officials' law firms 62-5, 65-2, 65-57, 67-12, 71-59, 73-19, 76-5
Representing sheriff while partner engages in criminal defense practice 74-37, 74-37 (Rec), 76-3, 78-8, 96-2
Mayor referring cases against city 62-57
Municipal advisory board member representing private clients before other municipal agencies 74-27
Personal interests of lawyer
Assistant city attorney who is president of city employees association presenting its proposals to municipal officials 64-57
Government attorney's membership in employee union 64-57, 77-15, 77-15 (BOG)
Setting up own corporation to act as fiscal agent for cities while also representing cities using corporation's services 61-13
Representing civil plaintiff after conducting related criminal proceedings as coroner 61-22
Switching sides
Advising tax assessor in property dispute between city and corporation, then representing city in declaratory action filed by tax assessor 69-7
Conducting examination of taxpayer's returns while a lay employee of IRS and later representing same taxpayer in related IRS investigation 71-1
Coroner
Representing plaintiff in civil action arising from accident after conducting related criminal proceeding 61-22
County attorney representing
County in condemnation suit after having represented homeowners in same matter 66-53
Criminal defendants when public duties limited to civil matters 67-52
Individual county commissioner charged with misconduct before ethics commission 77-30, 77-30 (Rec)
Property owners in condemnation suits 59-2, 69-22
Traffic defendants in county court 81-7
County commissioner practicing before circuit judges 59-10
County prosecutor
Maintaining private criminal practice 60-13, 64-72
Representing
Plaintiff in civil case against defendant charged with criminal violation 59-2
Private clients against county 65-17
Simultaneously serving as public defender 68-57
Financial disclosure laws and attorney-client confidentiality 77-25
Former lay employee of IRS acting as counsel in matter related to prior IRS investigation in which he was involved 71-1
Juvenile court's legal counsel maintaining private practice 71-17
Legislators
Congressman's name cannot remain in law firm name 70-64
Employed as city attorney or counsel for special district 76-5
Law firm sharing space with lobbyist's firm 71-59
Office door of law firm showing that member of firm is state legislator 68-29
Partner
Advises city on legislation as part-time city attorney 67-12
Is city attorney or counsel for special tax district 76-5
Representing public bodies created by legislature 73-19
Mayor receiving referral fees 62-57
Municipal advisory board member representing clients before other municipal agencies 74-27
Name of
Partner on 18-month leave to work for government remaining in law firm name 72-18
Public official not actively practicing law cannot remain in law firm name 70-64
Partner
Accepting employment by hospital board chaired by partner 65-57
Appearing before public body represented by member of firm 60-12
Representing criminal defendant while firm represents sheriff 74-37, 74-37 (Rec), 76-3, 78-8, 96-2
Police legal advisor representing criminal defendants 76-43, 78-7
Private law practice operated by public official from premises furnished for public business 72-14
Public statements about pending litigation 70-43
Representing
Board consisting of governor and cabinet and representing private clients against cabinet members and state agencies 65-42
Clients before municipal agencies while serving on advisory board 74-27
Municipality in labor relations matters while representing private clients against municipality 75-33
Public body chaired by partner 65-57
Representing Department of Insurance in child support cases 11-1
State against former client 71-14
Representing individual commissioner before state ethics commission 77-30, 77-30 (Rec)
Sheriff represented by firm that also represents criminal defendants 74-37, 74-37 (Rec), 76-3, 78-8, 96-2
Trial publicity 70-43
U.S. Department of Justice attorneys, communication rule applicable to 90-4
Union membership 64-57, 77-15, 77-15 (BOG)
Adjusters continuing settlement negotiations after suit filed 70-33
And insurance carrier when interests conflict 78-17
Arbitrator, insurance defense attorney serving as 87-10
Attorney-client relationship with insured 97-1
Attorney-client relationship with insured or client 65-70, 70-58, 81-5, 86-6, 97-1, 98-2, 98-3
Claimant's attorney
Communicating with insured directly to give notice of intent to file suit 59-27, 71-3
Contacting insured directly to obtain assignment of bad faith claim against insurance carrier 65-70, 71-3
Forwarding to unrepresented insured copies of correspondence addressed to insurance company 67-26
Sending copy of settlement offer directly to insurance company when claimant's attorney suspects that insurance company's attorney is not conveying information 76-21
Conflict of interests
Accepting set fee per case from insurance company 98-2
Attorney employed by insurance carrier to represent defendant advising defendant of plaintiff's offer to release defendant 65-70
Insurance company lawyer preparing estate analyses for prospective clients of company 64-33
Representing
Carrier and also serving as non-neutral arbitrator 87-10
Carrier and employer, preparing coverage opinion letter 93-8
Insurer and also representing minor or personal representative in friendly suit 76-2, 77-18
One party to accident against second party, then third party against first party 66-77
Personal injury plaintiffs against particular insurance company while also representing that company against similar plaintiffs 65-41, 75-17, 75-17 (Rec)
Physician and insurer in malpractice action 86-6
Plaintiff in action against another insurance company after plaintiff and lawyer's company settle 66-7
Duty of lawyer paid by insurance carrier to advise insured of plaintiff's offer to release insured 65-70
Fee, set fee per case from insurance company 98-2
Filing suit to resolve fee dispute with subrogated insurer 61-33
"Firm name" used by in-house counsel 98-3
In dispute with insurance carrier when carrier is paying fee 70-58
In-house attorney's letterhead and business cards disclosing relationship with insurer 98-3
Negotiating with insurance company adjusters
Generally 70-33
Nonlawyer employee of law firm handling negotiations 74-35
Preparing coverage opinion letter when representing carrier and employer 93-8
Referring clients to insurance carrier in return for referral fee 67-25
Settlement offer conditioned upon direct payment into checking account in client's name 00-2, 00-2 (Rec)
Statement of Client's Rights 02-7
When insurance company directs attorney to file for summary judgment 97-1
When insurer restricts performance of duties 81-5
Campaigns endorsements or opposition from lawyers 61-43, 70-20
Former judge's use of title "Judge" 73-27, 73-31, 75-34, 87-9, A-09-1
Former law clerk to federal judge performing legal services for trustee in bankruptcy matter in which he was formerly involved 76-24
Name used in firm name 64-20, 67-8
Practice before court by
County commissioner who is attorney 59-10
Former law clerk 76-24
Lawyer whose partner is city official empowered to appoint municipal judges 62-5
Associate
Also maintaining individual law practice 76-7, 93-6, 93-7
Name included in firm name 74-20
Notifying clients when departing from law firm 93-4
Bona Fide law firm discussed 74-48, 93-6, 93-7
Dissolving firm disposing of client files 71-62
Employee benefits
Affiliating with client corporation to obtain group insurance benefits 64-75
Pension plan 68-58
Employment of lawyer admitted in another state but not in Florida 67-39, 68-49, 73-41
Fee arrangement when attorney leaves firm 93-4, 94-1
Fictitious name statute 74-20
Interstate Law Firms
Generally 70-55
Name 74-48, 79-6 & 80-2 (Con )
Requirements for Florida presence 74-12, 74-48, 77-7, 77-9 & 77-10 (Con)
Joint venture between law firms 93-6
Lawyer temporaries 88-12
Lawyers employed by one professional association forming second professional association to work for first 73-12
Listing attorneys who are not yet admitted in Florida on letterhead 61-14, 68-49
Marketing director 89-4
Marriage counselor permitted to use firm's facilities to counsel its clients 72-4
Mediation department operated within firm 94-6
Name
"Associates" used in name 86-1
Deceased lawyers' names continued in firm name 64-20, 65-55, 69-20, 72-39
"Firm name" used by in-house attorneys 98-3
Including names of lawyers not partners or shareholders 74-20
Interstate firm using same name in Florida as in other jurisdictions 74-48
Judge's name kept in firm name 64-20, 67-8
"Law offices of..." 68-36
Name of partner on 18-month leave of absence kept in firm name 72-18
Professional associations 61-19, 61-19 (Supp), 68-58, 69-20, 74-20
Public official's name kept in firm name 64-20, 67-8, 70-64
Withdrawn partner's name kept in firm name 71-49, 00-1
Notification of clients when attorney leaves firm 69-1, 71-62, 93-4
Office equipment, confidentiality in use of 10-2
Outsourcing 07-2
Partnership that includes professional associations 79-1
Pension plan for lay employees 68-58
Practicing simultaneously in two law firms 76-7, 93-6, 93-7
Restrictions on right to practice in employment agreement 93-4
Sale of Law Practice 03-1
Supervising attorney influencing lawyer's professional judgment 78-15
Suspended attorney doing research for firm 62-26, 62-26 (Rec)
Temporary placements for lawyers 88-12
Withdrawing partner removing client files 69-1
Attorneys writing newspaper column on legal problems 71-31
Charitable organization's legal aid program 66-24
Court-awarded fees requested by lawyer handling legal aid case 73-6
Legal services organization
Disclosing information about clients to funding agency 79-5
Employing law students to interview prospective clients to determine eligibility 70-1
Instituting suit for ineligible clients and then seeking other counsel to step in 68-2
Represent one party or refer both opposing parties to private pro bono attorney 92-1
Representing conflicting interests 67-37
Staff attorney representing defendant when plaintiff represented by member of board 69-24
Supervising attorney influencing attorney's professional judgment 78-15
Nonprofit corporation formed by lawyers to provide free legal assistance 71-69
Attending real estate closings 73-43, 89-5
Bonus 02-1
Business cards 71-39, 86-4, 89-4
Depositions taken by non-Florida Bar members 73-41
Discovery 87-11, 87-11 (Rec)
Dividing fee with nonlawyer employee impermissible 62-18, 89-4, 92-3, 94-6, 95-1, 95-2, 02-1
Drawing checks on trust account 64-40, 64-40 (Rec)
Filing court documents using the lawyer's electronic credentials 12-2
Generative AI 24-1
Initial interview with client, conducting 88-6
Law clerks 70-1
Lawyers not admitted in Florida 61-14, 67-39, 68-49, 73-41
Legal services corporation employing law students to interview prospective clients to determine eligibility 70-1
Letterhead listings 61-14, 67-39, 68-49, 86-4, 89-4, 94-6
Letters on firm's stationery 86-4
Marketing director 89-4
Mediation practice 94-6
Moving from one firm to another firm opposing it in litigation 86-5
Negotiating with insurance company adjusters 74-35
Nonadmitted lawyers 67-39, 68-49, 73-41
Outsourcing 07-2
Pension plan 68-58
Permissible activities 64-40, 64-40 (Rec), 70-1, 70-62, 73-41, 73-43, 74-35, 88-6, 89-4, 89-5, 94-6, 95-1
Preparing real estate documents 73-43, 89-5
Signing
Attorney's name on notice of hearing 87-11, 87-11 (Rec)
Time billed separately to client 75-29, 76-33 & 76-38 (Con), 07-2
Business cards
Corporate attorney located in but not admitted in Florida 70-44
In-house attorney employed to represent insureds 98-3
Leaving supply with bank officer 62-69
Listing residence address and telephone number 62-42
Marketing director 89-4
Nonlawyer employees 71-39, 86-4
Congressman's name kept in firm name 70-64
"Juris Doctor" or "J.D." used on letterhead and cards 71-28, 88-2
Jurisdictional limitations of lawyers in interstate firm indicated 70-55
Letterhead
"Consultant" designation 79-2 & 81-2 (Con)
Continued listing of lawyer accepting employment as general counsel for out-of-state corporation 67-38
Deceased partners listed 64-20, 76-42
Distinguishing between partners and associates 77-17
Dual professions shown 79-3
"Firm name" used by in-house attorneys 98-3
Firm that represents railroad company using company's stationery bearing legend "Division Counsel" or "Law Department" 68-33
Former judge's use of title "judge" A-09-1
Former name of law firm indicated 67-8, 76-42
"General counsel" designation 79-2 & 81-2 (Con)
In-house counsel using individual letterhead 98-3
Judge's name kept in firm name or on letterhead 67-8
Jurisdictions where admitted shown 79-6 & 80-2 (Con )
Listing lawyer
Employed by firm but not admitted in Florida 61-14
Not employed in some capacity by firm 76-8
When relationship is limited to office-sharing and referrals 72-29
Who is a congressman 70-64
Who is a public official 64-20, 67-8, 70-64
Multiple offices listed 65-25, 67-2
Name
"Associates" used in name 86-1
"Firm name" used by in-house attorneys 98-3
Nickname used in law practice 74-20
Nonlawyer employees listed 61-14, 67-39, 68-49, 86-4, 94-6
Out-of-state
Attorney listed when no partnership exists 64-59, 70-55
Employed by firm but not admitted in Florida 61-14
Member practicing both individually and with firm 76-7
Office maintained by only one member of partnership listed on partnership letterhead 67-2
Partners who are professional associations identified 79-1
Public official's name kept in firm name 64-20, 67-8, 70-64
Removal of name of partner on 18-month leave of absence 72-18
Used
For correspondence with other lawyers regarding nonlegal matters 74-10 (Rec)
To endorse political candidate 62-45
To solicit contributions to charity 73-11, 74-10 (Rec)
Applying funds received from or on behalf of client
In one case to fees owed for another case 62-15
To satisfy judgment for fees 82-2, 87-12
Charging lien 71-60, 88-11, 88-11 Rec
Contingent fee cases 71-57, 88-11, 88-11 Rec
Prior attorney 68-37, 70-18, 76-29
Promissory note and mortgage to secure fee 68-61, 70-12
Retaining liens
Claimed when forwarding attorney demands portion of recovery as fee 68-37, 70-18, 76-29
Funds of or due client 62-15, 65-10, 68-37, 70-17, 82-2, 87-12
Papers and property 62-71, 65-10, 68-21, 71-67, 88-11, 88-11 Rec
Revealing privileged information to establish right to charging lien 71-60
"Specific purpose" funds 82-2, 87-12
Statutory liens 02-4
Advising client to clean up social media 14-1
Affidavits, lawyer signing for client 64-36
Contingent fee paid to consulting firm that provides expert witness 98-1
Duty to file suit to toll statute of limitations when client disappears 72-36, 72-36 (Rec)
Frivolous suits 64-21
Inadvertent release of confidential information by adversary 93-3
Notarizing client's execution of pleadings 67-19
Perjury by client 75-19
Permitting nonlawyer representative of client bank to conduct deposition of judgment debtor 67-27
Pleadings prepared but not signed by lawyer 79-7, 79-7 (Rec)
Preparing answer for signature of unrepresented opposing party 66-8
Sending notice of worthless check 85-3
Serving processor notice directly on represented opposing party when required by statute 89-6
Settlement conditioned on direct payment into checking account in client's name 00-2, 00-2 (Rec)
Subpoenaing records known to be not germane to pending litigation 71-38
Attorney pleading statute of limitations when sued 65-37
Creditor's attorney sending debtor deceptive form letter 68-2
Defending self against charges 70-40, 71-60
Discovery abuse 71-38
Frivolous litigation 64-21
Interviewing opposing party to investigate counsel's misconduct 88-4
Legal negligence not necessarily equivalent to ethical neglect 76-9
Partners' obligations when former partner misappropriated client funds 73-5
Conflict of interests imputed to or from law firm to which lawyer is "of counsel" 61-20, 72-41, 72-41 (Rec)
Continuing relationship required 71-49, 72-41, 72-41 (Rec), 75-41, 94-7
Fee division with "of counsel" 94-7
Florida lawyer "of counsel" to law firm in foreign country 70-29
Letterhead
Firm name includes former partner who is "of counsel" 00-1
Former partner listed as "of counsel" 71-49, 00-1
Law professor designated as "of counsel" 75-41
Listing lawyer as "of counsel" when relationship is limited to office-sharing with prospect of referrals 72-29
Showing address of out-of-state firm to which lawyer is "of counsel" 76-34
Relationships encompassed by "of counsel" 71-49, 75-41, 94-7, 00-1
Avoiding impression that space-sharing lawyers are partners 70-14, 76-11
Collective name and common letterhead used by lawyers sharing space 76-11
Criminal defense lawyer sharing space with assistant public defender 76-11
Legislator's law firm sharing space with lobbyist's firm 71-59
Maintaining office in claims department of corporate client 64-38
Marriage counselor allowed to use law firm's facilities to counsel firm's clients 72-4
Mediation practice operated within law firm 94-6
Offices in
Bank building 78-13
Home 62-42
Hotel 62-64
Out-of-state office maintained by one member but not by partnership listed on partnership letterhead 67-2
Referral fees among office-sharing attorneys 67-21
Removal of nonlawyer's sign when space-sharing arrangement ends 71-66
Representing opposing parties while sharing