Rule Text (verbatim from The Florida Bar)
(a) Influencing Decision Maker. A lawyer shall not seek to
influence a judge, juror, prospective juror, or other decision maker
except as permitted by law or the rules of court.
(b) Communication with Judge or Official. In an adversary
proceeding a lawyer shall not communicate or cause another to
communicate as to the merits of the cause with a judge or an
official before whom the proceeding is pending except:
(1) in the course of the official proceeding in the cause;
(2) in writing if the lawyer promptly delivers a copy of the
writing to the opposing counsel or to the adverse party if not
represented by a lawyer;
(3) orally upon notice to opposing counsel or to the
adverse party if not represented by a lawyer; or
(4) as otherwise authorized by law.
(c) Disruption of Tribunal. A lawyer shall not engage in
conduct intended to disrupt a tribunal.
(d) Communication With Jurors. A lawyer shall not:
(1) before the trial of a case with which the lawyer is
connected, communicate or cause another to communicate with
anyone the lawyer knows to be a member of the venire from which
the jury will be selected;
(2) during the trial of a case with which the lawyer is
connected, communicate or cause another to communicate with
any member of the jury;
(3) during the trial of a case with which the lawyer is not
connected, communicate or cause another to communicate with a
juror concerning the case;
(4) after dismissal of the jury in a case with which the
lawyer is connected, initiate communication with or cause another
to initiate communication with any juror regarding the trial except
to determine whether the verdict may be subject to legal challenge;
provided, a lawyer may not interview jurors for this purpose unless
the lawyer has reason to believe that grounds for such challenge
may exist; and provided further, before conducting any such
interview the lawyer must file in the cause a notice of intention to
interview setting forth the name of the juror or jurors to be
interviewed. A copy of the notice must be delivered to the trial
judge and opposing counsel a reasonable time before such
interview. The provisions of this rule do not prohibit a lawyer from
communicating with members of the venire or jurors in the course
of official proceedings or as authorized by court rule or written
order of the court.
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 cannot seek to influence judges, jurors, or other officials by improper means; cannot communicate ex parte with judges about a pending case except as permitted by law; cannot engage in conduct intended to disrupt a court proceeding. The rule protects the integrity of decision-makers and the courtroom itself — and it applies before, during, and after a case. Improper contact with a juror can void a verdict and end a lawyer’s license.
Florida Bar Ethics Opinions interpreting this rule
- Opinion 74-6 (1974)
<p>The same ethics rules limiting lawyer contact with trial jurors apply equally to grand jurors — before, during, and after the proceeding. Lawyers cannot interview, befriend, or investigate jurors to extract information about deliberations or pressure future decisions. The rule protects the jury system from indirect influence by lawyers who lost a case or are positioning for future ones.</p>
Read on floridabar.org → - Opinion 71-40 (1971)
<p>A trial-lawyer organization can recruit former jurors to participate in a continuing education program — discussing jury process and decision-making — as long as the jurors are clearly told the program is unrelated to any specific case and they are free to decline. The juror-contact rules ban lawyer fishing about case deliberations, not all post-service educational engagement.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
Many forms of improper influence upon a tribunal are
proscribed by criminal law. Others are specified in Florida’s Code of
Judicial Conduct, with which an advocate should be familiar. A
lawyer is required to avoid contributing to a violation of such
provisions.
The advocate’s function is to present evidence and argument
so that the cause may be decided according to law. Refraining from
abusive or obstreperous conduct is a corollary of the advocate’s
right to speak on behalf of litigants. A lawyer may stand firm
against abuse by a judge but should avoid reciprocation; the judge’s
default is no justification for similar dereliction by an advocate. An
advocate can present the cause, protect the record for subsequent
review, and preserve professional integrity by patient firmness no
less effectively than by belligerence or theatrics.
Amended July 23, 1992, effective Jan. 1, 1993 (605 So.2d 252).