Rule Text (verbatim from The Florida Bar)
(a) In dealing on behalf of a client with a person who is not
represented by counsel, a lawyer shall not state or imply that the
lawyer is disinterested. When the lawyer knows or reasonably
should know that the unrepresented person misunderstands the
lawyer’s role in the matter, the lawyer shall make reasonable efforts
to correct the misunderstanding. The lawyer shall not give legal
advice to an unrepresented person, other than the advice to secure
counsel.
(b) An otherwise unrepresented person to whom limited
representation is being provided or has been provided in accordance
with Rule Regulating The Florida Bar 4-1.2 is considered to be
unrepresented for purposes of this rule unless the opposing lawyer
knows of, or has been provided with, a written notice of appearance
under which, or a written notice of time period during which, the
opposing lawyer is to communicate with the limited representation
lawyer as to the subject matter within the limited scope of the
representation.
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 deals with someone who isn’t represented by counsel, the lawyer cannot state or imply they’re disinterested, cannot give legal advice (other than ‘get a lawyer’), and must correct any misunderstanding the unrepresented person seems to have about the lawyer’s role. The rule protects ordinary people from lawyers pretending to be neutral while actually advancing the lawyer’s client’s interests. If a lawyer on the other side is giving you ‘advice,’ that’s the rule violated.
Florida Bar Ethics Opinions interpreting this rule
- Opinion 81-3 (1981)
<p>A lawyer who can't collect unpaid fees from a client can use a reputable collection agency, but cannot give the agency confidential details about the case that aren't directly relevant to the debt. The lawyer also remains responsible for ensuring the collection agency operates within the lawyer's own ethics rules — including no deceptive or harassing tactics in the lawyer's name.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
An unrepresented person, particularly one not experienced in
dealing with legal matters, might assume that a lawyer is
disinterested in loyalties or is a disinterested authority on the law
even when the lawyer represents a client. In order to avoid a
misunderstanding, a lawyer will typically need to identify the
lawyer’s client and, where necessary, explain that the client has
interests opposed to those of the unrepresented person. For
misunderstandings that sometimes arise when a lawyer for an
organization deals with an unrepresented constituent, see rule 4-
1.13(d).
This rule does not prohibit a lawyer from negotiating the terms
of a transaction or settling a dispute with an unrepresented person.
So long as the lawyer has explained that the lawyer represents an
adverse party and is not representing the person, the lawyer may
inform the person of the terms on which the lawyer’s client will
enter into an agreement or settle a matter, prepare documents that
require the person’s signature and explain the lawyer’s own view of
the meaning of the document or the lawyer’s view of the underlying
legal obligations.
Amended November 13, 2003, effective January 1, 2004 (860 So.2d 394);
March 23, 2006, effective May 22, 2006 (933 So.2d 417).