Other authorities: If a request for advice is received on a matter that falls within the legal jurisdiction of another State authority, the Attorney General may, in the exercise of his discretion, refer the request to that authority or advise the requesting party to communicate with the other authority. For example, questions about: Since its adoption, the report has been widely accepted by Florida practitioners, and the illustrative forms included in the report are typically used by Florida attorneys to prepare third-party legal opinions. Memorandum of Law: In order to allow for a timely response to requests for expert advice, this office requires that lawyers for the government and other public institutions requesting a declaration provide this office with a memorandum of law that accompanies the request. The memorandum must include or attach the opinion of counsel for the requesting party, a discussion of related legal issues, as well as references and citations to relevant constitutional provisions, laws, statutes, by-laws, by-laws, court decisions, opinions of the Attorney General, etc. Copies of court decisions that are not available in online legal research databases should be attached to the memorandum of law. If the advocate has previously submitted written legal advice on the matters to the party requesting the opinion or to the council, commission, agency or public body to which the requesting party belongs, the request for an opinion must be accompanied by a copy of the opinion. • Includes reports on opinions that are “building block” opinions on the applicability of a contract, including sections on opinions on the status and organization of companies, approval of business in Florida, authority of entities, approval of legal entities, approval of the transaction, approval of the transaction, execution and delivery, No Violation and No Breach or Omission and No Regulatory Approval Required. The petitioner and all interested parties may submit a written submission or memorandum in response to the proposed formal notice. The Standing Committee has an opportunity to respond. Oral proceedings may be admitted at the discretion of the court.
The court will approve, vary or reject the proposed notice, and the court`s opinion will have the force and effect of a court decision. Individuals: Section 16.01(3) of the Statutes of Florida does not authorize the Attorney General to make statements to persons or entities, whether their requests are filed directly or through government officials. An opinion of the Attorney General will therefore not be issued if the requesting party is not one of the officials referred to in Section 16.01(3) of the Laws of Florida. After the hearing, the Standing Committee votes on the submission of a formal proposal for an opinion and on the content of the opinion. If the Standing Committee determines that the conduct constitutes an unlicensed legal practice, the proposed formal notice will be filed with the Florida Supreme Court. If the Standing Committee determines that the conduct does not constitute an unauthorized legal practice, the Standing Committee may publish the notice in the Florida Bar News or the Committee may file the proposed notice with the Florida Supreme Court. Description of facts and circumstances: If the question is based on a specific set of facts or circumstances, all essential facts must be presented. Where there is a dispute before the courts to which the requesting party is a party concerning the same subject-matter, the nature of the dispute should be examined in detail. If litigation has been threatened, all documents proving the threat must be disclosed. If a dispute arises during the duration of the request for advice, the staff of that office must be informed and all essential documents must be disclosed at the same time as the request for advice.
This website is not part of the official website of the Court and is maintained independently of the FSU. It contains statements made in Florida Supreme Court cases that have been tried since 1990 and pleadings filed in those cases. There are also observations and written observations on certain pre-1990 cases; requests for expert opinions must be submitted in writing on the Agency`s official letterhead or by the lawyer representing the Agency. Enquiries should be directed to: • Provides guidance on how to make claims under Florida law regarding usury and choice of law. Informal duties: A request for advice must relate to the duties of the requesting official. The Attorney General`s advice is therefore not given if a public servant referred to in section 16.01(3) asks a question that is not related to his or her own official duties. In preparing the report, an attempt was made to involve a large group of lawyers in the review and comments to ensure that it reflects a broad consensus on what constitutes joint third-party legal advice in Florida. “The committees believe that the report represents a major advance in the guidance available for third-party legal advice in Florida and will be of great benefit to business lawyers in our state,” said Philip B. Schwartz of Miami, Chair of the Business Law Section`s Legal Advisory Standards Committee and Chair of the Steering Committee (comprised of members of the Business Law Department Committee and the RPPTL Committee).
who led the effort. The more than 200-page report, which has been in preparation for five years, updates and consolidates into a single integrated report all legal advice standards previously published by the Business Law and RPPTL sections. Pursuant to Rule 10-9.1, the Standing Committee on Unauthorized Legal Practice will hold a public hearing at Signia by Hilton Orlando Bonnet Creek, 14100 Bonnet Creek Resort Lane, Orlando, FL 32821, at 9:00 a.m. on June 24, 2022, during which a request for a formal opinion on the above-noted matter under Rule 10-9.1(c) Goldberg will be filed. The question posed is whether an attorney who has served and acted as general counsel/in-house counsel of a Florida corporation without being a member of the Florida Bar or being certified as a licensed in-house attorney under Chapter 17 of the Florida Bar Regulatory Rules has practiced legal practice without a license. You may download or request a copy of the question by writing to The Florida Bar – UPL Dept., 651 E. Jefferson St., Tallahassee, FL 32399-2300, or by email. Bodies and commissions: Issues relating to the powers and functions of public servants serving on a public body or commission (or other collegiate public body) should be raised by the majority of the members of that body and not only by a dissident member or political group.
The request of a committee should therefore make it clear that the opinion is sought from the majority of its members. A request for an opinion on behalf of a bureau or committee should be accompanied by a resolution, minutes or minutes reflecting a vote to obtain the opinion. If the commission is represented by counsel, the commission must obtain a written opinion from the lawyer and attach that opinion to the application. Schwartz said the report also included four illustrative reporting forms, including a form of report letter to be used in a trade credit transaction; a form of opinion letter to be used in connection with a credit transaction secured by immovable property; a form of comment statement used in connection with the issuance of shares by a company in Florida; and a form of valuation letter used in a credit transaction when Florida Counsel acts as a local attorney. Updating expert opinions: The Attorney General`s Office does not systematically update previous expert opinions.