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knowledge, ratifies the conduct involved or, the lawyer is a partner in the law firm where the person is employed or has direct supervisory authority over the person and knows of the conduct at a time when the consequences could be mitigated or avoided, but fails to take reasonable remedial action. 

                         2.)       Bar Rules Relevant to Non-Lawyer Staff in Litigation Matters. 

                             a.    Rule 4-3.1. Meritorious Claims and Contentions. 

                                    A lawyer is prohibited from making claims or defenses in litigation unless there is a non-frivolous basis for doing so, including a good faith argument for an extension, modification, or reversal of existing law.  Notwithstanding the above, a criminal defense attorney may defend by requiring that every element of the charges be proven.  The comment to the rule states that an action is frivolous if the client desires to have the action taken primarily for the purpose of harassing or maliciously injuring a person or the lawyer cannot make a good faith argument to support the action. 

                            b.     Rule 4-3.2.  Expediting Litigation. 

                                    A lawyer must make reasonable efforts to expedite litigation consistent with the interests of the client.  The comment to the rule states that delay should not be used merely for the convenience of the lawyer or to frustrate the other party’s attempt to obtain redress. 

                            c.     Rule 4-3.3.  Candor Toward the Tribunal. 

                        A lawyer is prohibited from knowingly: 

                                    (a.)  Making a false statement of fact or law to a tribunal;                                   

                                    (b.)  Failing to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;                                   

                                    (c.)  Failing to disclose controlling legal authority to the court (tribunal) which is known to the lawyer to be directly adverse to the position of the client and has not been disclosed by opposing counsel; or 

                                    (d.)  Permitting any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows to be false.  The lawyer is further prohibited from offering the false testimony in the form of a narrative unless ordered to do so by the court (tribunal).   

                                    If the lawyer offers material evidence and later learns that it is false, the lawyer must take reasonable remedial remedies, which includes urging the client not to present the false testimony or other evidence, and, if that fails, withdraw from the representation.  If the withdrawal will not prevent a fraud on the court, the lawyer must consider alternative or additional measures, including disclosure to the court, preferably in camera.  The lawyer has authority under the rules to refuse to offer testimony or other evidence that is believed to be false. 

                             d.      Rule 4-3.4.  Fairness to Opposing Party and Counsel. 

                                    A lawyer is prohibited from: 

                                    (a.)   Unlawfully obstructing another party’s access to evidence or otherwise altering, destroying, or concealing a document or other material that the lawyer knows or reasonably should know is relevant to a pending or reasonably foreseeable proceeding or counseling or assisting another person from engaging in such conduct. 

                                    (b.)   Fabricating evidence or counseling or assisting a witness to testify falsely or offering an inducement to a witness to testify, however, the lawyer may reimburse the witness for reasonable expenses and pay an expert witness “a reasonable, non-contingent expert witness fee and reimbursement for loss of compensation by reason of preparing for, attending, or testifying at proceedings”.                                   

                                    (c.)    Knowingly disobeying an obligation under the rules of the tribunal except for an open refusal based upon an assertion that no valid obligation exists.  The lawyer must fulfill the obligation if all appellate proceedings have been exhausted. 

                                    (d.)   Making a frivolous discovery request or intentionally failing to comply with a legally proper discovery request from the opposing party. 

                                    (e.)   Alluding in trial to any matter that the lawyer does not believe is relevant or will be supported by admissible evidence, assert a personal knowledge of facts in issue unless testifying as a witness, or state a personal opinion as to the justness of the cause, credibility of a witness, culpability of a civil litigant, or guilt or innocence of a criminal defendant. 

                                    (f.)    Requesting a person other than a client to refrain from voluntarily giving relevant information to another party unless the person is a relative or agent of the client and the person’s interests will not be adversely affected by refraining from providing the information. 

                                    (g.)    Presenting, participating in presenting, or threatening to present criminal charges solely to obtain an advantage in a civil matter. 

                                    (h.)   Presenting, participating in presenting, or threatening to present disciplinary charges solely to obtain an advantage in a civil matter. 

                            e.     Rule 4-3.5.  Communicating with Judges and Jurors.

                                     A lawyer is prohibited from attempting to unlawfully influence a judge, juror, prospective juror, or other decision maker except as permitted by the law, court, or Bar rules.

                                     1.)        Communication with Judge or Other Official.

                                    A lawyer is prohibited from communicating with or causing another to communicate with a judge ex-parte as to the merits of a pending proceeding except during the course of official proceedings; in writing to the judge with a copy to opposing party or counsel; orally with notice to opposing party or counsel or as otherwise authorized by law.

                                                2.)        Communication with Jurors.

                                     A lawyer is prohibited from communicating with, or causing another to communicate with anyone who is known to be on the jury panel (venire) prior to trial or anyone who is on the jury during a trial, whether or not the lawyer is connected with the case.  After dismissal of the jury in a trial with which the lawyer is connected, the lawyer is prohibited from initiating communication with, or causing another to initiate communication with, a member of the jury except to determine whether the verdict is subject to legal challenge, however, the lawyer may interview jurors if there is reason to believe that grounds for a legal challenge exist and then only after the lawyer files a notice of intention to interview and identifies the specific jurors to be interviewed.

                             f.      Rule 4-4.1.  Truthfulness in Statements to Others.

                                     In the course of representing a client, a lawyer is prohibited from knowingly making a false statement of material fact or law to a third person or failing to disclose a material fact to a third person when disclosure is necessary to avoid assisting in a criminal or fraudulent act by the client.  This rule also applies to agents or employees of the lawyer.  Disclosure is not required if same would violate Rule 4-1.6

                            g.     Rule 4-4.2 Communication with Represented Persons.

                                     In the course of representing a client, the lawyer is prohibited from communicating about the subject of the representation with a person the lawyer (or agent/employee) knows to be represented by counsel unless specifically permitted or required by law.  If the communication is permitted by law, the lawyer (or agent/employee) must strictly comply with the statute or contract permitting the communication and provide a copy to the other party’s counsel.

                              h.    Rule 4-4.3 Dealing with Unrepresented Persons.

                                     When dealing with unrepresented persons, the lawyer (or agent/employee) may not imply that he or she is disinterested and, if the lawyer (or agent/employee) knows or reasonably should know that the person misunderstands that the lawyer’s role, the lawyer must take reasonable steps to correct the misunderstanding.

                               i.    Rule 4-4.4 Respect for Rights of Third Persons.

                                     In representing a client, the lawyer (or agent/employee) is prohibited from using means that have no substantial purpose other than to embarrass, delay, or burden a third person, or knowingly using methods to obtain evidence that violate the legal rights of that person. 

             B.         Ethics Opinions of The Florida Bar

                         Ethics Opinion 71-39 states that an investigator who is employed full time with a law firm may use the law firm’s name on his business card as long as the position he or she holds with the firm is clearly indicated on the card.

                         Ethics Opinion 73-41 states that a law firm employee who is not admitted to practice in Florida is not permitted to take depositions for the firm or engage in any conduct which constitutes the practice of law.

                         Ethics Opinion 74-35 states that lawyers are prohibited from delegating to non-lawyers the handling of negotiations with insurance company adjusters for settlement of claims of the lawyer’s clients.

                         Ethics Opinion 76-33 and 76-38 state that a lawyer may separately itemize for legal research and other similar services performed by non-lawyer salaried employees but cannot double bill by also charging for the employee’s services as a part of overhead.

                         Ethics Opinion 86-4 states that non-lawyer employees may be listed on the firm’s letterhead and on business cards along with titles indicating their non-lawyer status.

                         Ethics Opinion 87-11 states that a non-lawyer is never permitted to sign the lawyer’s name to pleadings or notices even if the non-lawyer places his or her initials next to the signature.

                         Ethics Opinion 88-6 states that, although a non-lawyer may conduct the initial interview with a prospective client, the practice is discouraged.  Further, the non-lawyer must clearly identify his or her non-lawyer status, may only gather factual information, and may not give legal advice, give a legal assessment of the case, or give legal advice regarding the proposed fee agreement.

                         Ethics Opinion 02-1 states that a lawyer may not give a bonus to a non-lawyer employee based solely on the number of hours worked by the employee on the matter, however, it may be one of a number of factors used to determine whether a bonus will be paid and, if so, the amount of the bonus.

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