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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Florida Legal Ethics

II. COUNSELOR

2.1   Rule 2.1 Advisor

2.1:100   Comparative Analysis of Florida Rule

Primary Florida References: FL Rule 4-2.1
Background References: ABA Model Rule 2.1, Other Jurisdictions
Commentary:

2.1:101      Model Rule Comparison

FL Rule 4-2.1 is identical to MR 2.1.

2.1:102      Model Code Comparison

FL Rule 4-2.1 has no counterpart in the Model Code.

2.1:200   Exercise of Independent Judgment

Primary Florida References: FL Rule 4-2.1
Background References: ABA Model Rule 2.1, Other Jurisdictions
Commentary: ABA/BNA 31:701, ALI-LGL 94, Wolfram 4.3

[The discussion of this topic has not yet been written.]

2.1:300   Non-Legal Factors in Giving Advice

Primary Florida References: FL Rule 4-2.1
Background References: ABA Model Rule 2.1, Other Jurisdictions
Commentary: ABA/BNA 31:701, ALI-LGL 94, Wolfram 4.3

[The discussion of this topic has not yet been written.]

2.2   Rule 2.2 Intermediary

2.2:100   Comparative Analysis of Florida Rule

Primary Florida References: FL Rule 4-2.2
Background References: ABA Model Rule 2.2, Other Jurisdictions
Commentary:

2.2:101      Model Rule Comparison

Apart from stylistic differences, FL Rule 4-2.2 is identical to MR 2.2.

2.2:102      Model Code Comparison

FL Rule 4-2.2 has no counterpart in the Model Code, except the aspirational goal for the lawyer serving as arbitrator or mediator found at EC 5-20.

2.2:200   Relationship of Intermediation to Joint Representation

Primary Florida References: FL Rule 4-2.2
Background References: ABA Model Rule 2.2, Other Jurisdictions
Commentary: ABA/BNA 51:1501, Wolfram 8.7, 13.6

[The discussion of this topic has not yet been written.]

2.2:300   Preconditions to Becoming an Intermediary

Primary Florida References: FL Rule 4-2.2
Background References: ABA Model Rule 2.2(a), Other Jurisdictions
Commentary:ABA/BNA 51:1506, ALI-LGL 153, Wolfram 8.7, 13.6

[The discussion of this topic has not yet been written.]

2.2:400   Communication During Intermediation

Primary Florida References: FL Rule 4-2.2
Background References: ABA Model Rule 2.2(b), Other Jurisdictions
Commentary: ABA/BNA 51:1509, ALI-LGL 153, Wolfram 8.7, 13.6

[The discussion of this topic has not yet been written.]

2.2:500   Consequences of a Failed Intermediation

Primary Florida References: FL Rule 4-2.2
Background References: ABA Model Rule 2.2(c), Other Jurisdictions
Commentary: ABA/BNA , ALI-LGL 153, Wolfram 8.7, 13.6

[The discussion of this topic has not yet been written.]

2.3   Rule 2.3 Evaluation for Use by Third Persons

2.3:100   Comparative Analysis of Florida Rule

Primary Florida References: FL Rule 4-2.3
Background References: ABA Model Rule 2.3, Other Jurisdictions
Commentary:

2.3:101      Model Rule Comparison

FL Rule 4-2.3(b) adds a requirement that, in reporting the evaluation, the lawyer must indicate any material limitations that were imposed on the scope of the inquiry or on the disclosure of information.

2.3:102      Model Code Comparison

FL Rule 4-2.3 has no counterpart in the Model Code.

2.3:200   Undertaking an Evaluation for a Client

Primary Florida References: FL Rule 4-2.3
Background References: ABA Model Rule 2.3, Other Jurisdictions
Commentary: ABA/BNA 71:701, ALI-LGL 95, Wolfram 13.4

No Florida cases have interpreted or applied FL Rule 4-2.3.

2.3:300   Duty to Third Persons Who Rely on Lawyer's Opinion [see also 1.1:420]

Primary Florida References: FL Rule 4-2.3
Background References: ABA Model Rule 2.3, Other Jurisdictions
Commentary: ABA/BNA 71:701, ALI-LGL 95, Wolfram 13.4.4

[The discussion of this topic has not yet been written.]

2.3:400   Confidentiality of an Evaluation

Primary Florida References: FL Rule 4-2.3
Background References: ABA Model Rule 2.3, Other Jurisdictions
Commentary: ABA/BNA 71:704, ALI-LGL 95, Wolfram 13.4.3

[The discussion of this topic has not yet been written.]

2.4   Rule 2.4 Lawyer Serving as a Third-Party Neutral

2.4:100   Comparative Analysis of Florida Rule

Primary Florida References:
Background References: ABA Model Rule 2.4, Other Jurisdictions
Commentary:

MR 2.4 was added in February 2002. The Reporter's explanation of the change reads as follows:

The role of third-party neutral is not unique to lawyers, but the Commission recognizes that lawyers are increasingly serving in these roles. Unlike nonlawyers who serve as neutrals, lawyers may experience unique ethical problems, for example, those arising from possible confusion about the nature of the lawyer's role. The Commission notes that there have been a number of attempts by various organizations to promulgate codes of ethics for neutrals (e.g., aspirational codes for arbitrators or mediators or court enacted rules governing court-sponsored mediators), but such codes do not typically address the special problems of lawyers. The Commission's proposed approach is designed to promote dispute resolution parties' understanding of the lawyer-neutral's role.

2.4:101      Model Rule Comparison

Florida has not adopted the new model rule.

2.4:200   Definition of "Third-Party Neutral"

Primary Florida References:
Background References: ABA Model Rule 2.4, Other Jurisdictions
Commentary:

Florida has not adopted the new model rule.

2.4:300   Duty to Inform Parties of Nature of Lawyer's Role

Primary Florida References:
Background References: ABA Model Rule 2.4, Other Jurisdictions
Commentary:

Florida has not adopted the new model rule.