LEO: Advertising  LE Op. 1052

 

Advertising.

 

March 8, 1988

 

You advise that you wish to purchase a display advertisement that will

give your name, office address and phone number, and will list four areas

of law in which you practice. No other representations will be made in

this advertisement. The display ad will be located in a local grocery

store on a freestanding consumer information center, along with other

advertisers. The primary objective of the center is the dissemination of

consumer information, although the sponsor of the center is a private "for

profit" ad marketing company, which sells the space.

 

You wish to know whether or not it is proper for an attorney to use such

a display advertisement.

 

Disciplinary Rule 2-101(A) states, "A lawyer shall not, on behalf of

himself or any other lawyer affiliated with him or his firm, use or

participate in the use of any form of public communication if such

communication contains a false, fraudulent, misleading, or deceptive

statement or claim."

 

There does not appear to be anything within your advertisement which

would violate DR:2-101.

 

The Committee, however, does direct you to DR:2-104(A) and (B).

Disciplinary Rule 2-104(A) states, "A lawyer shall not hold himself out

publicly as, or imply that he is, a recognized or certified specialist

except in accordance with either DR:2-101, DR:2-102 or DR:2-103."

Disciplinary Rule 2-104(B) states, "A lawyer may state, announce or hold

himself out as limiting his practice to a particular area or field of law

so long as his communication of such limitation of practice is in

accordance with the standards of DR:2-101, DR:2-102, or DR:2-103." The

Committee believes you must be cautious not to violate either of these two

disciplinary rules when listing the four areas of law in which you

practice.

 

Committee Opinion March 8, 1988