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.