LEO: Advertising: Communication to Public As  LE Op. 1292


Advertising: Communication to Public As Lecturer for CLE



October 19, 1989


You have asked the Committee to consider the propriety of an attorney who

has lectured in a continuing legal education program to advertise this

valid credential to the general public.


The appropriate and controlling rules relative to your inquiry are DR:2-

101(A) and DR:2-104(A). It has been a long-standing rule that an

attorney may not, on behalf of himself or any other lawyer affiliated with

his firm, use or participate in the use of any form of public

communication which contains a false, fraudulent, misleading, or deceptive

statement or claim. (See DR:2-101(A)) Disciplinary Rule 2-104(A) also

provides that 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.


The Committee directs your attention to LE Op. 1231 in which the

Committee opined that a statement in a state trooper magazine

advertisement that an attorney was a former police officer was not

improper assuming the statement was true and nothing in the advertisement

contained a false, fraudulent, misleading, deceptive statement or claim,

and provided that there was no implication or holding out on the part of

the attorney that he is a recognized or certified specialist or expert in

any area of law, except in accordance with the permissible designations

prescribed in DR:2-104(B). (See also LE Op. 979 and LE Op. 923)


Therefore, the Committee would opine that an attorney who has lectured in

a continuing legal education program and wishes to advertise that fact to

the general public may do so as long as such public communication is in

conformity with the applicable disciplinary rules and such communication

is not intended to imply that the attorney is a recognized or certified

specialist as proscribed in DR:2-104(A).


Committee Opinion October 19, 1989