Can a firm's announcement of a new associate mention the associate's prior non-legal career, such as nursing?
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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A firm engaged primarily in personal injury and other litigation proposed to circulate an announcement of a new associate, noting that the associate had formerly been a clinical nurse research investigator in a university school of medicine. The firm asked whether including that non-legal nursing background was ethically permissible.
The opinion concluded the announcement involved no ethical impropriety. It read ER 7.4 and ER 7.1 to bar communications likely to create an unjustified expectation about the results a lawyer can achieve. The factual statement of the associate's prior background did not imply the ability to achieve legal results; it merely conveyed a substantive medical background that another attorney might not otherwise know, and the committee did not find it materially false or misleading.
The opinion also addressed ER 7.4's restrictions on claiming areas of expertise, noting that the announcement did not imply the new associate was a specialist in any particular area. On that basis, the committee concluded the proposed announcement of association was ethically permissible.
Currency note
This opinion was issued in 1987, before the State Bar of Arizona's adoption of the 2003 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a firm mention a new associate's prior non-legal career in an announcement?
A: Yes. The opinion concluded that stating the associate's prior nursing background was a factual statement that did not imply the ability to achieve legal results and was not false or misleading under ER 7.1 or ER 7.4.
Q: Did the announcement improperly claim a specialty?
A: No. The opinion concluded the announcement did not imply that the new associate was a specialist in any particular area, so it did not run afoul of ER 7.4's restrictions.
Background and rules framework
The opinion applied ER 7.1 (Model Rule 7.1), which bars false or misleading communications, including those likely to create unjustified expectations about results, and ER 7.4 (Model Rule 7.4), which governs communication of fields of practice and claims of specialization.
Citations and references
Rules of Professional Conduct:
- ER 7.1 / Model Rule 7.1 (false or misleading communications)
- ER 7.4 / Model Rule 7.4 (communication of fields of practice)
See also
- AZ Ethics Op. 87-01: Retired Judge on Letterhead
- AZ Ethics Op. 12-02: False or Misleading Communications
- AZ Ethics Op. 85-09: Joint Advertising by Attorneys
Source
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
2/1987
Law firm's mere factual statement of new associate's background does not imply ability to achieve legal results.
FACTS
The inquiring law firm proposes to circulate an announcement of the association of a new associate attorney, and wishes the announcement to reflect that the new attorney was formerly a clinical nurse research investigator in the School of Medicine at the University of Washington. The inquiring law firm primarily engages in personal injury and other litigation practice. A copy of the proposed announcement is appended as Exhibit A.
QUESTION
The inquiring law firm wishes to know whether the inclusion of the new associate’s non-legal background in nursing in the announcement is ethically permissible.
ETHICAL RULES INVOLVED
ER 7.1. Communications Concerning a Lawyer's Services
ER 7.4. Communication of Fields of Practice
OPINION
ER 7.4 provides that a lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is considered misleading if it is likely to create an unjustified expectation about the results the lawyer can achieve. In this case, the mere factual statement of the new associate’s prior background does not imply the ability to achieve legal results, but merely connotes substantive medical background which might otherwise not be known to another attorney. We do not find such a statement materially false or misleading.
ER 7.4 places restrictions upon the types of communications which can be made concerning an attorney’s area of expertise. A lawyer is restricted in designating areas in which the lawyer is a specialist. As written, the announcement does not imply that the new associate is a specialist in any particular area.
Based upon the relevant Ethical Rules, we are of the opinion that the proposed announcement of association involves no ethical impropriety.
EXHIBIT A
(Name of Law Firm)
is pleased to announce to members
of the Bar that
(Name of New Associate)
(formerly a Clinical Nurse Research Investigator
in the School of Medicine, University of Washington)
has been admitted to the State Bar of Arizona
and has become an Associate with the firm.
The firm continues to emphasize its practice
and its willingness to associate with other counsel
in
Personal Injury
Wrongful Death
Medical Malpractice
&
Product Liability
Litigation
© State Bar of Arizona 1987
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