§ Rule 2 Authority to Issue Ethics Opinions

Rule 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;

(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.