Rule Text (verbatim from The Florida Bar)
A lawyer must not:
(a) unlawfully obstruct another party’s access to evidence or
otherwise unlawfully alter, destroy, or conceal a document or other
material that the lawyer knows or reasonably should know is
relevant to a pending or a reasonably foreseeable proceeding; nor
counsel or assist another person to do any such act;
(b) fabricate evidence, counsel or assist a witness to testify
falsely, or offer an inducement to a witness, except a lawyer may
pay a witness reasonable expenses incurred by the witness in
attending or testifying at proceedings; a reasonable, noncontingent
fee for professional services of an expert witness; and reasonable
compensation to a witness for the time spent preparing for,
attending, or testifying at proceedings;
(c) knowingly disobey an obligation under the rules of a
tribunal except for an open refusal based on an assertion that no
valid obligation exists;
(d) in pretrial procedure, make a frivolous discovery request
or intentionally fail to comply with a legally proper discovery request
by an opposing party;
(e) in trial, state a personal opinion about the credibility of a
witness unless the statement is authorized by current rule or case
law, allude to any matter that the lawyer does not reasonably
believe is relevant or that will not be supported by admissible
evidence, assert personal knowledge of facts in issue except when
testifying as a witness, or state a personal opinion as to the
justness of a cause, the culpability of a civil litigant, or the guilt or
innocence of an accused;
(f) request a person other than a client to refrain from
voluntarily giving relevant information to another party unless the
person is a relative or an employee or other agent of a client, and it
is reasonable to believe that the person’s interests will not be
adversely affected by refraining from giving such information;
(g) present, participate in presenting, or threaten to present
criminal charges solely to obtain an advantage in a civil matter; or
(h) present, participate in presenting, or threaten to present
disciplinary charges under these rules solely to obtain an advantage
in a civil matter.
Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.
What this rule means in plain English
Florida lawyers can’t unlawfully obstruct another party’s access to evidence, falsify evidence, counsel a witness to testify falsely, or pay a witness for the content of their testimony. Lawyers also can’t make frivolous discovery requests or refuse legitimate ones. The rule says your lawyer must be a fierce advocate but a fair one — there’s a difference between vigorous representation and dirty tactics, and the rule defines the line.
Florida Bar Ethics Opinions interpreting this rule
- Opinion 07-1 (2007)
<p>If a client gives the lawyer documents the client wrongfully obtained, the lawyer may need to consult a criminal defense attorney about the client's exposure. The lawyer must tell the client the materials cannot be kept, reviewed, or used unless the opposing party is told the documents were obtained. If the client refuses, the lawyer must withdraw.</p>
Read on floridabar.org → - Opinion 94-5 (1994)
<p>Under most circumstances, threatening a fellow lawyer with a Bar grievance complaint to gain leverage in a civil matter is itself unethical. The rule treats the disciplinary process as serious — it can't be used as a litigation chess piece. If a real ethics violation exists, the proper course is to file the complaint, not to threaten it as a bargaining tool.</p>
Read on floridabar.org → - Opinion 89-3 (1989)
<p>A lawyer cannot threaten criminal prosecution solely to gain advantage in a civil matter or to harass the other side. The lawyer can refer a real crime to authorities, and can advise a client about possible criminal exposure related to civil claims — but using a criminal-charge threat as a settlement squeeze crosses the line.</p>
Read on floridabar.org → - Opinion 14-1 (2014)
<p>A personal injury lawyer may advise a client before a lawsuit is filed to change privacy settings on social media so the accounts are not publicly accessible. The lawyer cannot tell the client to delete posts or evidence the client knows or should know is relevant — that crosses into spoliation. Locking your account is permitted; destroying content is not.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
The procedure of the adversary system contemplates that the
evidence in a case is to be marshalled competitively by the
contending parties. Fair competition in the adversary system is
secured by prohibitions against destruction or concealment of
evidence, improperly influencing witnesses, obstructive tactics in
discovery procedure, and the like.
Documents and other items of evidence are often essential to
establish a claim or defense. Subject to evidentiary privileges, the
right of an opposing party, including the government, to obtain
evidence through discovery or subpoena is an important procedural
right. The exercise of that right can be frustrated if relevant
material is altered, concealed, or destroyed. Applicable law in many
jurisdictions makes it an offense to destroy material for the purpose
of impairing its availability in a pending proceeding or one whose
commencement can be foreseen. Falsifying evidence is also
generally a criminal offense. Subdivision (a) applies to evidentiary
material generally, including computerized information.
With regard to subdivision (b), it is not improper to pay a
witness’s expenses or to compensate an expert witness on terms
permitted by law. The common law rule in most jurisdictions is
that it is improper to pay an occurrence witness any fee for
testifying and that it is improper to pay an expert witness a
contingent fee.
Previously, subdivision (e) also proscribed statements about
the credibility of witnesses. However, in 2000, the Supreme Court
of Florida entered an opinion in Murphy v. International Robotic
Systems, Inc., 766 So. 2d 1010 (Fla. 2000), in which the court
allowed counsel in closing argument to call a witness a “liar” or to
state that the witness “lied.”
There the court stated: “First, it is not improper for counsel to
state during closing argument that a witness ‘lied’ or is a ‘liar,’
provided such characterizations are supported by the record.”
Murphy, id., at 1028. Members of the bar are advised to check the
status of the law in this area.
Subdivision (f) permits a lawyer to advise employees of a client
to refrain from giving information to another party, for the
employees may identify their interests with those of the client. See
also rule 4-4.2.
Amended July 23, 1992, effective January 1, 1993 (605 So.2d 252);
amended October 20, 1994 (644 So.2d 282); amended Sept. 24, 1998,
effective Oct. 1, 1998 (718 So.2d 1179); amended October 6, 2005, effective
January 1, 2006 (916 So.2d 655); amended May 29, 2014, effective June 1,
2014 (140 So.3d 541).