§ Rule 3 Procedures for Issuance of and Declining to Issue Staff Opinions
Rule 3. Procedures for Issuance of and Declining to Issue Staff Opinions
(a) Request for Staff Opinion.
(1) Oral Staff Opinions. Members in good standing may request an oral staff opinion, other than an advertising filing required by rule 4-7.7, by calling ethics counsel in Tallahassee, at 1-800-235-8619 or 1-850-561-5780. Oral opinions may be confirmed in writing only in accord with the procedures for issuance of written staff opinions. All information relating to the request for an oral staff opinion shall be confidential as provided elsewhere in these procedures.
(2) Written Staff Opinions. Members in good standing may request a written staff opinion, other than an advertising filing required by rule 4-7.7, by writing Ethics Counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300 or by electronic mail to eto@flabar.org. All requests for written staff opinions shall set forth all operative facts upon which the request is based and contain an affirmative statement that the criteria of procedure 2(a) are met. Except for advertising filings required by rule 4-7.7, all material and information relating to the request for a written staff opinion shall be confidential as provided elsewhere in these procedures.
(b) Declining to Issue Staff Opinions. Ethics counsel shall decline to issue a staff opinion if any criteria of procedure 2(a)(1) apply. Ethics counsel may decline to issue a staff opinion if any criteria of procedure 2(a)(2) apply.
(c) Appeal to SCA. Members filing advertisements for evaluation under rule 4-7.7 or requesting a written staff opinion may appeal the opinion or the decision not to issue the opinion to the SCA as provided elsewhere in these procedures. Appeals to the SCA shall be public information. Oral staff opinions and decisions not to issue an oral opinion may not be appealed.