§ Rule 3 Procedures for Issuance of and Declining to Issue Staff Opinions

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Rule 3. Procedures for Issuance of and Declining to Issue Staff Opinions

    (a) Request for Staff Opinion.

        (1) Oral Staff Opinions. Members in good standing may request an oral staff opinion by calling ethics counsel in Tallahassee, at 1-800-235-8619 or 1-850-561-5780. Oral opinions may be confirmed in writing only in accord with the procedures for issuance of written staff opinions. All information relating to the request for an oral staff opinion shall be confidential as provided elsewhere in these procedures.

        (2) Written Staff Opinions. Members in good standing may request a written staff opinion by writing Ethics Counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300 or by electronic mail to eto@flabar.org. All requests for written staff opinions shall set forth all operative facts upon which the request is based and contain an affirmative statement that the criteria of procedure 2(a) are met. All material and information relating to the request for a written staff opinion shall be confidential as provided elsewhere in these procedures.

    Declining to Issue Staff Opinions. Ethics counsel shall decline to issue a staff opinion if any criteria of procedure 2(a)(1) apply. Ethics counsel may decline to issue a staff opinion if any criteria of procedure 2(a)(2) apply.

    (c) Form for Written Staff Opinion. Written staff opinions shall not reveal the identity of the inquirer and any other persons or entities involved in the inquiry.

    (d) Appeal to PEC. Members requesting a written staff opinion may appeal the opinion or the decision not to issue the opinion to the PEC as provided elsewhere in these procedures. Appeals to the PEC shall be public information. Oral staff opinions and decisions not to issue an oral opinion may not be appealed.

    (e) Monitoring Written Staff Opinions. A copy of each written staff opinion shall be provided to the chair of the PEC who shall assign same to members of the PEC or a subcommittee for determination of the exercise of the PEC's initiative review.