FLORIDA BAR ETHICS OPINION
May 31, 1963
Advisory ethics opinions are not binding.
There is nothing improper in an arrangement whereby a bank offers to permit local lawyers to
write title insurance on real estate loans referred to the bank by such lawyers, with the bank
charging the borrower for services and title insurance and remitting to the lawyer the service
charge together with a fee for representing the bank, closing and protecting the bank.
6, 34, 38
Chairman Holcomb stated the opinion of the committee:
A member of The Florida Bar submits a letter from the A. National Bank sent
to lawyers of the area to permit such lawyers who refer clients to it for real estate
loans to write title insurance with a charge by the bank to the borrower for
services and for title insurance, the bank remitting to the lawyer the service
charges together with a fee for representing the bank, closing and protecting the
The majority of the Committee on Professional Ethics sees nothing improper in such a
procedure. One member suggests that this would result either in rendition of non-legal services or
in a division of fees, with a possible violation of Canons 6 and 34. This member believes the
lawyer should make full disclosure to his client of the fact that he would be receiving payment
from the bank.