Opinion 64-40 (Reconsidered)
FLORIDA BAR ETHICS OPINION OPINION 64-40 (RECONSIDERATION) May 1, 1987 Advisory ethics opinions are not binding. While it is permissible for properly authorized and supervised nonlawyer employees to be signatories on lawyers’ trust accounts, it is the lawyers who are ultimately responsible for compliance with rules relating to trust accounts and client funds. In Opinion 64-40 the Committee found no ethical impropriety in a law firm office manager who is not a lawyer drawing checks for the firm on its trust account upon proper authorization from the attorney responsible for the case. The Committee continues to be of the view that it is permissible for a trusted nonlawyer employee to draw checks on the trust account upon proper authorization and under appropriate supervision. Attorneys are cautioned, however, that they remain ultimately responsible for compliance with all rules relating to trust accounts and client funds, and that they are subject to discipline for an employee’s misconduct involving client funds.