§ Rule 1 Application; Scope; and Usage

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Rule 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.