Rule Text (verbatim from The Florida Bar)
In the course of representing a client a lawyer shall not
knowingly:
(a) make a false statement of material fact or law to a third
person; or
(b) fail to disclose a material fact to a third person when
disclosure is necessary to avoid assisting a criminal or fraudulent
act by a client, unless disclosure is prohibited by rule 4-1.6.
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
In representing a client, a Florida lawyer cannot knowingly make false statements of material fact or law to a third party, and cannot fail to disclose material facts when disclosure is needed to avoid assisting a client’s crime or fraud. Lawyers can engage in standard negotiation puffery (‘my client won’t settle for less than X’ when X is just pressure), but actual factual lies to opposing parties or third parties cross the line.
Florida Bar Ethics Opinions interpreting this rule
- Opinion 76-35 (1976)
<p>A lawyer may draft a legal document for a client even when the lawyer has good-faith doubt about whether the document is legally enforceable, as long as the lawyer fully discloses those doubts and the potential civil or criminal consequences. The client makes the call. The rule reflects that legal uncertainty is common and clients deserve representation despite gray areas.</p>
Read on floridabar.org → - Opinion 73-32 (1973)
<p>A lawyer who represents an heir finding service must tell the service if the lawyer believes the heir-finding business is itself unlawful. The lawyer may continue representing the service in lawful matters but cannot knowingly assist illegal conduct. The principle is broader than heir finders: lawyers cannot blind themselves to client conduct that crosses legal lines.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
Misrepresentation
A lawyer is required to be truthful when dealing with others on
a client’s behalf, but generally has no affirmative duty to inform an
opposing party of relevant facts. A misrepresentation can occur if
the lawyer incorporates or affirms a statement of another person
that the lawyer knows is false. Misrepresentations can also occur
by partially true but misleading statements or omissions that are
the equivalent of affirmative false statements. For dishonest
conduct that does not amount to a false statement or for
misrepresentations by a lawyer other than in the course of
representing a client, see rule 4-8.4.
Statements of fact
This rule refers to statements of fact. Whether a particular
statement should be regarded as one of fact can depend on the
circumstances. Under generally accepted conventions in
negotiation, certain types of statements ordinarily are not taken as
statements of material fact. Estimates of price or value placed on
the subject of a transaction and a party’s intentions as to an
acceptable settlement of a claim are ordinarily in this category, and
so is the existence of an undisclosed principal except where
nondisclosure of the principal would constitute fraud. Lawyers
should be mindful of their obligations under applicable law to avoid
criminal and tortious misrepresentation.
Crime or fraud by client
Under rule 4-1.2(d), a lawyer is prohibited from counseling or
assisting a client in conduct that the lawyer knows is criminal or
fraudulent. Subdivision (b) states a specific application of the
principle set forth in rule 4-1.2(d) and addresses the situation
where a client’s crime or fraud takes the form of a lie or
misrepresentation. Ordinarily, a lawyer can avoid assisting a
client’s crime or fraud by withdrawing from the representation.
Sometimes it may be necessary for the lawyer to give notice of the
fact of withdrawal and to disaffirm an opinion, document,
affirmation or the like. In extreme cases, substantive law may
require a lawyer to disclose information relating to the
representation to avoid being deemed to have assisted the client’s
crime or fraud. If the lawyer can avoid assisting a client’s crime or
fraud only by disclosing this information, then under subdivision (b)
the lawyer is required to do so, unless the disclosure is prohibited
by rule 4-1.6.
Amended July 23, 1992, effective January 1, 1993 (605 So.2d 252);
amended March 23, 2005, effective May 22, 2006 (933 So.2d 417).