Lawyers often rely on skilled staff to help manage their heavy caseloads. While it is tempting to let experienced assistants handle major parts of a case, attorneys must ensure they follow Bar Rules regarding what tasks nonlawyers are allowed to perform.

If you have specific questions that cannot be resolved through the below listed Ethics Opinions, please contact the Bar’s Ethics Hotline at 800.235.8619 for further assistance.

Here are all the Ethics Opinions regarding legal assistants and nonlawyer employees:

• • A lawyer may provide their log-in credentials to the E-Portal to trusted nonlawyer employees for the employees to file court documents 12-2
  • A law firm may permit a paralegal or other trained employee to handle a real estate closing at which no lawyer in the firm is present if certain conditions are met 89-5
  • Nonlawyer employee conducting the initial interview with a new client 88-6
  • Nonlawyer to place the lawyer’s signature on solely electronic documents 87-11 (Reconsideration)
  • Signig the attorney’s name, together with the nonlawyer’s initials, to notices of hearing and other pleadings 87-11
  • Handling of negotiations with insurance company adjustors regarding claims of the lawyer’s clients 74-35
  • Prepare real estate documents 73-43
  • Law firm employees not admitted to the Florida Bar cannot take depositions or perform any work constituting the practice of law in Florida, regardless of their credentials elsewhere 73-41
  • Delegate to a lay employee any activity which requires the attorney’s personal judgment and participation 70-62
  • Law students employed as clerks to interview prospective clients 70-1
  • Nonlawyer employee as a signatory 64-40, 64-40 (Rec)
  • Nonlawyer employees listed on a law firm’s letterhead 86-4

To review the complete list of Ethics Informational Packets, including the packet on Legal Assistants & Nonlawyer Employees, 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.

Other Resources

• Florida Bar News – Should You Allow Others to E-File in Your Absence?
• LegalFuel Podcast – Attorneys: Is Your Nonlawyer Staff Ethically Supporting You?

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.