The Florida Bar

Ethics Opinion

Opinion 59-27

March 4, 1960
Advisory ethics opinions are not binding.
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.


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 has been unable to obtain a settlement with an
insurance adjustor on a personal injury case to send a letter to the insured stating:
Please be advised that your insurance company has refused to settle the above
matter and we are therefore filing suit in same. I advise you to retain counsel for
the purpose of handling this matter since our claim is in excess of your insurance.
There is nothing improper or unethical in sending such a letter or giving such advice
since it certainly is good advice.
(One member of the Committee wishes this opinion limited to circumstances wherein the
insurance company has not yet retained counsel.)