The Florida Bar

Ethics Opinion

Opinion 62-26

October 24, 1962
Advisory ethics opinions are not binding.
When an attorney suspended from practice for six months with a petition for reinstatement
pending asked if he may accept legal employment to do research work for a law firm, the
committee held that it was not a matter of ethics.


Chairman Holcomb stated the opinion of the committee:
A member of The Florida Bar has requested an opinion from the Committee
on Professional Ethics of The Florida Bar on the following matter:
He was suspended from the practice of law in Florida in January 1961 for a
period of six months, with a provision that he should not apply for reinstatement
until six months after January 1961 and that he now has pending such a petition.
He asked whether or not it would be permissible for him to accept employment
with a legal firm to do legal research work, not including the drawing of pleadings
or other legal documents.
Our Committee finds itself unable to agree on the matter, one member believing that it
would be proper and citing Drinker at page 53 in which it is suggested that a firm in good
standing would do a distinct service to the Court and to the Bar by employing a lawyer who had
been suspended and not permanently disbarred. Another member believes that we should not
render an opinion, but that the request should be directed to the Committee on Unauthorized
Practice, and that it would appear that we are being called on to interpret a Supreme Court order,
which we hesitate to do. We all agree that it is not a clear question of ethics.