LEO: Advertising LE Op. 1052
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
Committee Opinion March 8, 1988