R. Regulating Fla. Bar 4-4.3 · 4-4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
DEALING WITH UNREPRESENTED PERSONS
Text — October 1, 2026 edition
(a) In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel.
(b) An otherwise unrepresented person to whom limited representation is being provided or has been provided in accordance with Rule Regulating The Florida Bar 4-1.2 is considered to be unrepresented for purposes of this rule unless the opposing lawyer knows of, or has been provided with, a written notice of appearance under which, or a written notice of time period during which, the opposing lawyer is to communicate with the limited representation lawyer as to the subject matter within the limited scope of the representation.
Notes and commentary — not rule text
Comment
An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. In order to avoid a misunderstanding, a lawyer will typically need to identify the lawyer’s client and, where necessary, explain that the client has interests opposed to those of the unrepresented person. For misunderstandings that sometimes arise when a lawyer for an organization deals with an unrepresented constituent, see rule 4-1.13(d). This rule does not prohibit a lawyer from negotiating the terms of a transaction or settling a dispute with an unrepresented person. So long as the lawyer has explained that the lawyer represents an adverse party and is not representing the person, the lawyer may inform the person of the terms on which the lawyer’s client will enter into an agreement or settle a matter, prepare documents that require the person’s signature and explain the lawyer’s own view of the meaning of the document or the lawyer’s view of the underlying legal obligations.
History
Amended November 13, 2003, effective January 1, 2004 (860 So.2d 394); March 23, 2006, effective May 22, 2006 (933 So.2d 417).
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/2027_04-OCT-RRTFB-10-1-2026.pdf (PDF pages 342–344)
- Text hash
- sha256 f7b11b31aa7c1757fe813421ff68cd99e08f4a608314c37b9bcc461a1bcc1fe0
- Composed by
- compose_bar.py 2026-10-04: the edition's printed headings as the inventory (reconciled to its bookmarks both ways), pypdfium2 primary, PyMuPDF check, every word of each span accounted for
- composed from the PDF edition; both extractors agree
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.