Ethics Opinion

Opinion 67-39

FLORIDA BAR ETHICS OPINION
OPINION 67-39
January 8, 1968
Advisory ethics opinions are not binding.
A member of The Florida Bar may not properly employ a retired member of the bar of
another jurisdiction as an office coordinator and manager with duties that include talking with
clients and attending conferences, hearings and similar matters.
Note: Lawyer advertising rules are now in Rules Regulating The Florida Bar 4-7.11
through 4-7.22.
Canons:
Opinions:

47, Additional Rule 10
62-6, 65-24

Chairman MacDonald stated the opinion of this committee:
A member of The Florida Bar proposes to employ a retired New York lawyer “as an
office coordinator and manager in my law office.” This individual would perform many of the
functions customarily performed by a “law clerk,” but has no present intention of standing the
Florida bar examination. We are asked a number of questions, including whether his name may
be properly listed on a letterhead and whether he may talk with clients, attend conferences and
hearings, receive or relay messages to members of the firm from outside attorneys, and “make
changes” in documents pursuant to instructions of a licensed attorney.
In our judgment the individual in question could not fairly be regarded as a lay office
manager, dealing essentially with administrative functions, nor could he be regarded as a “law
clerk” performing the functions normally incident to that brief period of service while studying
for or awaiting results of a bar examination. Rather, as a member of a bar of another jurisdiction
and despite the best intentions of the inquirer, he would inevitably be regarded as a lawyer both
by his colleagues and by the other members of the bar and clients.
Under the circumstances we unhesitatingly answer all of the questions propounded in the
negative. See also our Opinions 62-6 [since withdrawn] and 65-24 [since withdrawn].