Legal Ethics Opinion #1406
Advertising; Specialties.
You have presented a hypothetical situation in which a law
firm lists various attorneys' names to perform certain legal
services.
You have asked the Committee to opine whether it is ethical
for a law firm to list attorneys as eligible for performing
distinct legal services when they do not possess the requisite
legal knowledge to provide representation in the listed area.
Your hypothetical contains neither the method of notification,
i.e., letterhead, etc., nor the list of specialties.
The appropriate and controlling disciplinary rules related
to your inquiry are DR 2-101(A), DR 2-102(A), DR 2-104(B),
and DR 6-101(A) (1).
Disciplinary Rule 2-101(A) provides that 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 public communication contains a
false, fraudulent, misleading, or deceptive statement or
claim. Disciplinary Rule 2-102(A) states that a lawyer or law
firm may use or participate in the use of a professional card,
professional announcement card, office sign, letterheads,
telephone directory listing, law list, legal directory
listing, or similar professional notice or device unless it
includes a statement or claim that is fraudulent, misleading
or deceptive.
Disciplinary Rule 2-104(B) says that a lawyer may state,
announce or hold himself out as limiting his practice to a
particular area or field of law so long as the communication
of such limitation of practice is in accordance with the
standards of DR 2-101, DR 2-102, or DR 2-103, as
appropriate. Under Disciplinary Rule 6-101(A) (1), a lawyer
shall undertake representation only in matters in which the
lawyer can act with competence and demonstrate the specific
legal knowledge, skill, efficiency, and thoroughness in
preparation employed in acceptable practice by lawyers
undertaking similar matters.
The Committee has previously opined that it is not per se
unethical for a law firm to state, in its advertisement, that
it has professional experience and expertise in the defense of
juveniles, provided that the claims in that advertisement are
not misleading or false. The Committee has urged attorneys to
review Ethical Consideration 2-16 when preparing
advertisements. (See LE Op. 979 see also LE Op. 1231
The Committee is of the opinion that an advertisement such
as you describe, which lists various attorneys' names to
perform certain legal services when those attorneys do not
practice in the limited areas as advertised, would contain
false, fraudulent, misleading, or deceptive statements, in
violation of DR 2-101(A), DR 2-102(A), and DR 2-104(B).
The Committee also has concerns that clients of the law firm
may not be represented by competent legal counsel, in
violation of DR 6-101(A) (1), since it appears that the
attorneys listed do not possess the legal knowledge required
for practice in the areas enumerated in its advertising.
Therefore, the Committee opines that, under the facts you
have provided, a listing such as you have described may also
be violative of DR 6-101(A) (1), since it appears that the
firm's attorneys do not possess the requisite legal knowledge
for practice in the areas listed.
Committee Opinion
March 12, 1991
CROSS REFERENCES
See also LE Op. 1425
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