Expanding to Florida: Essential Guidelines for Out-of-State Firms
Navigating the specific rules of The Florida Bar is essential for compliance when establishing an out of state practice in Florida. Specifically, an interstate firm’s Florida office must be operated by a resident Florida attorney who is a bona fide partner in the out-of-state firm.
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 interstate law firms:
- An attorney practicing as a professional association can participate, in the form of his corporation, as a partner in a partnership of attorneys 79-1
- It is improper for interstate law firms to maintain, under varying formats, a Florida office operated by a resident Florida attorney who is not a partner in the firm Consolidated Opinions 77-7, 77-9 and 77-10
- Interstate partnership with an office in Florida to use its firm name in this state even though none of the lawyers listed in the firm name are admitted in Florida 74-48
- The “interstate partnership” concept does not encompass “branch offices” of an out-of-state law firm 74-12
- A Florida attorney’s name and address may be added to the stationery of an out-of-state lawyer, the intention being to “associate” the Florida lawyer for purposes of referral between the states 70-55
Frequently Asked Ethics Question:
Question: What are the requirements for an interstate partnership?
Answer: The Supreme Court of Florida expressly permits the operation of interstate partnerships. In The Florida Bar v. Savitt, 363 So.2d 559, 560 (Fla. 1978), the Court held that an interstate partnership must be a “full, bona fide partnership that operates according to a partnership agreement which does not provide that profits and losses are shared among its members solely on the basis of the proportionate business either generated or handled by its Florida office.” The Florida office of an interstate partnership must be operated by a Florida Bar member who is a partner that supervises the Florida office on a continuing basis. The Florida office cannot be operated by a resident Florida attorney who is not a partner in the firm. Consolidated Opinions 77-7, 77-9, and 77-10. The Florida partner must practice law in Florida full time. Opinion 74-10. Additionally, the interstate partnership must be truly interstate with offices in Florida and in another state. An out-of-state firm is not permitted to open a branch office in Florida. Opinion 74-12.
To review the complete list of Ethics Informational Packets, including the packet on Interstate Law Firms, 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 Resource
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.