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Florida Bar Professional Ethics Committee approves one proposed rule change and rejects another, and considers medical lien negotiations and contacts with represented government agency employees

At its meeting in Orlando on June 26, 2009, the Florida Bar Professional Ethics Committee considered a number of interesting ethical issues.  Actions taken by the Committee included:

    --  Approved of a proposed amendment to Rule 4-8.3, concerning reporting misconduct of others.  The proposed change would create an exemption from the reporting requirement for information that a lawyer learned while serving as a third-party neutral and the information is privileged or confidential under applicable law.  The proposed rule change will be considered by the Florida Bar Board of Governors.

    --  Rejected a proposed rule that would have governed the practice of outsourcing legal support services to foreign countries.

    --  Approved an informal advisory opinion regarding whether and when a lawyer may communicate about the subject matter of representation with managers or other employees of a government agency that is represented by counsel.

    --  Approved an informal advisory opinion concluding that having a medical lien service negotiate reductions in medical liens on a "reverse contingent fee" basis in personal injury cases likely would result in an excessive fee for the lawyer handling the case.

    --  Approved an informal advisory opinion concerning whether an insurance company's in-house counsel may represent both the company and another entity that is a surety of the company in defending a suit filed against both.

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