Rule Text (verbatim from The Florida Bar)
A lawyer representing a client before a legislative body or
administrative agency in a nonadjudicative proceeding shall
disclose that the appearance is in a representative capacity and
shall conform to the provisions of rules 4-3.3(a) through (d), and 4-
3.4(a) through (c).
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
When a Florida lawyer represents a client in a non-adjudicative proceeding — like a legislative hearing, a regulatory agency rulemaking, or other administrative process not deciding a specific case — the lawyer must disclose that they’re acting in a representative capacity and must conform to certain provisions of the litigation conduct rules. The rule keeps lawyer-as-lobbyist behavior tethered to the same basic candor and fairness obligations as courtroom practice.
Comment (verbatim from The Florida Bar)
In representation before bodies such as legislatures, municipal
councils, and executive and administrative agencies acting in a
rule-making or policy-making capacity, lawyers present facts,
formulate issues, and advance argument in the matters under
consideration. The decision-making body, like a court, should be
able to rely on the integrity of the submissions made to it. A lawyer
appearing before such a body must deal with the tribunal honestly
and in conformity with applicable rules of procedure. See rules 4-
3.3(a) through (d), and 4-3.4(a) through (c).
Lawyers have no exclusive right to appear before
nonadjudicative bodies, as they do before a court. The
requirements of this rule therefore may subject lawyers to
regulations inapplicable to advocates who are not lawyers.
However, legislatures and administrative agencies have a right to
expect lawyers to deal with them as they deal with courts.
This rule only applies when a lawyer represents a client in
connection with an official hearing or meeting of a governmental
agency or a legislative body to which the lawyer or the lawyer’s
client is presenting evidence or argument. It does not apply to
representation of a client in a negotiation or other bilateral
transaction with a governmental agency or in connection with an
application for a license or other privilege or the client’s compliance
with generally applicable reporting requirements, such as the filing
of income-tax returns. Nor does it apply to the representation of a
client in connection with an investigation or examination of the
client’s affairs conducted by government investigators or examiners.
Representation in such matters is governed by rules 4-4.1 through
4-4.4.
Amended March 23, 2006, effective May 22, 2006 (933 So.2d 417).
4-4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS