The Florida Bar

Ethics Opinion

Opinion 64-58

FLORIDA BAR ETHICS OPINION
OPINION 64-58
September 29, 1964
Advisory ethics opinions are not binding.
An attorney may perform all work, except title examination work, of a savings and loan
association gratuitously or for a nominal fee. The fees received from the title examination must
be collected from the association in the absence of a clear agreement between the attorney and
the borrower at whose instance the examination is performed.
Canons:

12, 35

Chairman Smith stated the opinion of the committee:
A member of The Florida Bar inquires if:
. . . . an attorney who regularly performs title examination work for a savings
and loan association, which services are charged by the association to the
borrower’s account, (may) do all other legal work of the association gratuitously
or for a nominal fee (in return) for receiving the title examination work.
A majority of this Committee believes the attorney may perform all work, except title
examination work, of the association gratuitously or for a nominal fee. The terms of a lawyer’s
employment are generally a matter of negotiation between the attorney and his client. The fees
received for title work may properly be considered in the aggregate as compensation for the total
services rendered by the attorney to the association.
One member of the Committee dissents in part and states that the attorney should make a
separate charge for legal work done in addition to the examinations if such work is substantial in
volume or responsibility.
All Committee members agree the fees received for the title examination must be
collected from the association in the absence of a clear agreement between the attorney and the
borrower at whose instance the examination is performed. The attorney’s fee must in all events
be reasonable. It should not be increased because the costs of examination are to be passed on to
the borrower.