Opinion 76-36
FLORIDA BAR ETHICS OPINION OPINION 76-36 June 15, 1977 Advisory ethics opinions are not binding. An attorney may not ethically receive money from a third party which is charged to and directly or indirectly paid by his client without full disclosure to the client. Note: This opinion was modified by opinion 70-13, which adds the requirement that the client receive the benefit of the referral fee or that the attorney credit the client with the fee against the attorney’s fees. Vice Chairman Taylor stated the opinion of the committee: The Committee has been asked two questions: 1. Where an attorney orders title insurance from a commercial company at a discounted rate from that charged the general public, may the attorney charge his client at the rate charged the general public without disclosing the attorney’s actual cost? 2. May the attorney, on the real estate closing statement, list the cost for title insurance at the rate charged the general public without disclosing the attorney’s actual cost? The answer to each question is “no.” An attorney may not ethically receive money from a third party which is charged to and directly or indirectly paid by his client without full disclosure to the client.