Procedures for Ruling on Questions of Ethics.

Please check the Bar's Web site at www.FLABAR.org for updates to the Procedures for Ruling on Questions of Ethics.

1. APPLICATION; SCOPE; AND USAGE

   These procedures are adopted pursuant to rule 2-9.4, Rules Regulating The Florida Bar, and govern the manner in which ethics opinions are issued and reviewed by The Florida Bar. These procedures do not apply to review of lawyer advertisements.

   Staff opinions, professional ethics committee opinions, and opinions of the board of governors are advisory only and shall not be the basis for action by grievance committees, referees, or the board of governors except upon application of the respondent in disciplinary proceedings. If a respondent's defense includes reliance on the receipt of a staff opinion, ethics counsel may release to the bar counsel, grievance committee, referee, or board of governors information concerning the opinion or the request therefor that would otherwise be confidential under these rules. Information concerning requests for staff opinions shall be confidential, except as otherwise provided in bylaw 2-9.4 and these procedures. If public statements are made by the inquirer about any advisory opinion or opinion request, confidentiality of the request and the opinion is waived and ethics counsel may disclose the opinion and information relating to the request.

   The advisory opinion process should not be used to circumvent procedures to adopt or amend Rules Regulating The Florida Bar.

2. AUTHORITY TO ISSUE ETHICS OPINIONS

   Ethics counsel and assistant ethics counsel, the professional ethics committee, and the board of governors shall have the authority to issue ethics opinions in the type and manner as set forth in these procedures.

   (a) Ethics Counsel and Assistant Ethics Counsel. Ethics counsel and assistant ethics counsel may render oral and written opinions that shall be identified as "staff opinions." Staff opinions shall be issued only to the members of The Florida Bar in good standing inquiring as to their own contemplated conduct.

   (1) Staff opinions shall not be issued if it is known to staff that the inquiry:

   (A) is made by a person who is not a member of The Florida Bar in good standing;

   (B) concerns past conduct of the inquirer;

   (C) involves the conduct of an attorney other than the inquirer;

   (D) asks a question of law;

   (E) asks a question of rule or court procedure; or

   (F) is the subject of a proceeding brought under the Rules Regulating The Florida Bar.

   (2) Staff may decline to issue an opinion if the inquiry:

   (A) is the subject of current litigation; or

   (B) asks a question for which there is no previous precedent or underlying bar policy on which to base an opinion.

   (b) Professional Ethics Committee. The professional ethics committee (hereinafter referred to as PEC) may render written opinions, amend existing opinions, or withdraw existing opinions:

   (1) upon appeal of a written staff opinion by the inquiring attorney;

   (2) upon request of the board of governors regarding application of the Rules of Professional Conduct to a particular set of facts;

   (3) upon review of staff opinions by the PEC; or

   (4) upon review of existing advisory ethics opinions by the PEC.

   Opinions of the PEC shall be identified as advisory ethics opinions.

   (c) Board of Governors. The board of governors may render written opinions, amend existing opinions, or withdraw existing opinions:

   (1) upon appeal of a PEC action; and

   (2) upon its own initiative when the board of governors determines that the application of the Rules of Professional Conduct to a particular set of facts is likely to be of widespread interest or unusual importance to a significant number of Florida Bar members.

   Opinions of the board of governors shall be identified as advisory ethics opinions.

3. PROCEDURES FOR ISSUANCE OF AND...