Florida lawyers are commonly approached by out-of-state lawyers looking to establish a presence in the Florida market. While interstate law firms may provide a multitude of career opportunities for Florida attorneys, creating such a firm involves more than simply opening offices in multiple states. Florida Bar members are governed by rules designed to ensure ethical conduct and safeguard client interests. A thorough understanding and careful navigation of The Florida Bar’s Rules of Professional Conduct is fundamental. So where do lawyers even begin? What are key factors to consider before embarking on this journey?

In today’s interconnected world, the practice of law often transcends state boundaries as law firms increasingly operate across multiple jurisdictions. Florida offers guidance through various rules, cases, and ethics opinions. These authorities are designed to maintain the integrity of the legal profession while also ensuring that attorneys uphold their ethical responsibilities to clients.

An out-of-state firm is not permitted to just simply open an office in Florida.[1] The Florida Bar vs. Savitt, which involved an out-of-state attorney practicing law in Florida without being properly admitted, serves as a cautionary tale, and provides guidelines for establishing an interstate law firm in Florida. Savitt held that an interstate law firm partnership is only permitted if it constitutes a “full, bona fide partnership that operates according to a partnership agreement which does not provide that profits and losses are shared among its members solely on the basis of the proportionate business either generated or handled.” [2]  In addition, the Florida office of an interstate partnership must be operated by a partner who is a member of The Florida Bar and who assumes responsibility on a continuing basis for the supervision of the Florida office.[3]