Navigating Business Ventures with Nonlawyers: Ethical Considerations
Before initiating a new business venture, lawyers must be wary of business proposals from nonlawyers. These individuals are not subject to the same professional ethics and may suggest arrangements that violate Florida Bar rules, leading to disciplinary action.
If you have specific questions that cannot be resolved through the below listed Ethics Opinions or Rules, please contact the Bar’s Ethics Hotline at 800.235.8619 for further assistance.
Here are all the Ethics Opinions and Rules regarding ancillary and other business arrangements:
- Entering into a referral arrangement with a nonlawyer who is a securities dealer 02-8
- Entering into an arrangement with a medical-legal consulting service 98-1
- Accepting referrals from an heir hunting service 97-3
- Involvement with a corporation that represents clients in securities arbitration matters 95-2
- Business arrangement with a nonlawyer to represent claimants in social security disability matters 95-1
- Mediation department within the firm 94-6
- Working arrangement with a public adjuster 92-3
- Practice two professions from the same premises; share office space with nonlawyers 88-15
- Letterhead and business cards indicating that attorney is a registered real estate broker 79-3
- Engaging in the practice of law and real estate from the same office 78-14
- Participating in an arrangement with a title company 75-40
- Lawyers may own a corporation that investigates prospective jurors 73-20
- Law firm having a substantial interest in a title insurance company 73-1
- Owning stock in a corporation engaged in the bail bond business 72-26
- Provide “general legal services” to a mutual fund 72-21
- Preparing a trust pursuant to a referral from a trust company 67-15
- Employment by a real estate broker to prepare a deed for use by the broker 67-14
- General counsel of an “estate protection service” would prepare various trust indentures or other documents 67-11
- Prepare proposed estate analyses for insurance agents 64-70
- Attorney employed full-time by an insurance firm to prepare an estate analysis for prospective clients of the insurance firm 64-33
- Consulting service for prospective sponsors of condominium housing developments 63-37
- Share in a Professional Service Corporation with accountants 61-19 Supplemental
- Prepare all the necessary documents and instruments for a real estate closing 61-1
- Business Transactions With or Acquiring Interest Adverse to Client Rule 4-1.8(a)
- Responsibilities regarding nonlegal services Rule 4-5.7
To review the complete list of Ethics Informational Packets, including the packet on Ancillary & Other Business Arrangements, please select this link: Ethics – Informational Packets.
Additionally, you can browse the Ethics Department’s complete Subject Index of Ethics Opinions for further guidance on other topics.
VIEWS AND CONCLUSIONS EXPRESSED IN ARTICLES HEREIN ARE THOSE OF THE AUTHORS AND NOT NECESSARILY THOSE OF FLORIDA BAR STAFF, OFFICIALS, OR BOARD OF GOVERNORS OF THE FLORIDA BAR.
