Can a lawyer write a letter on office letterhead endorsing a political candidate and inviting the candidate to publish it?

Plain-English summary

A member asked about the propriety of a lawyer writing a letter on office letterhead, addressed to a candidate for public office, lauding the candidate and concluding, "Please feel free to use this letter in full or in part if it will be helpful." A photocopy of the letter was later published in a local newspaper under the heading "Mr. X endorses Candidate Y."

The committee did not believe disciplinary action could be predicated on such an endorsement. It reasoned that any attempt to curtail the political activities of Bar members would be of doubtful constitutional validity and unsound as public policy, that there is no way to completely divorce a lawyer's support of a candidate from the fact of his Bar membership, and that every American citizen has the right to endorse candidates. The committee added that if the publication was intended in any way to secure business for the lawyer, as distinguished from securing votes, a different situation would be presented, and that it would be well for attorneys to obtain stationery that does not show their profession for such occasions. It treated the matter as one of intention.

Currency note

This opinion was issued in 1963, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 27 of the Canons of Professional Ethics; the text identifies current Rule 4-7.18 (direct contact with prospective clients) of the Rules Regulating The Florida Bar as the counterpart (Model Rule 7.3). Subsequent rule amendments or later opinions may have changed the analysis, and the constitutional treatment of lawyer speech and advertising has developed substantially since 1963. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a lawyer endorse a political candidate on office letterhead?

A: On these facts, the committee found no basis for discipline. It viewed endorsing a candidate as protected political activity that a lawyer does not lose by being a Bar member.

Q: When would such a letter become an ethics problem?

A: The committee said a different situation would be presented if the publication was intended in any way to secure business for the lawyer rather than votes for the candidate. It treated the question as one of the lawyer's intention.

Q: Did the committee recommend anything about the stationery?

A: Yes. It suggested it would be well for attorneys to obtain stationery that does not show their profession for use on such occasions, though it did not treat the use of letterhead here as unethical.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics, which addressed advertising and solicitation, including concerns about a lawyer using professional identification to attract business. The opinion identifies current Rule 4-7.18 of the Rules Regulating The Florida Bar as the counterpart (Model Rule 7.3). The committee distinguished political speech, which it treated as constitutionally protected, from communications intended to secure legal business.

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; current Rule 4-7.18 per the opinion]

See also

• FL Bar Ethics Op. 63-35: Candidate's Campaign Cards
• FL Bar Ethics Op. 62-64: Hotel Office Address and Phone

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-62-45/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-62-45-2.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 62-45
January 21, 1963
Advisory ethics opinions are not binding.
It is not unethical for a lawyer to write a letter to a candidate for public office on his office letterhead, lauding the candidate and concluding with the wording, "Please feel free to use this letter in full or in part if it will be helpful."
Canon: 27 [See current 4-7.18]
Chairman Holcomb stated the opinion of the committee:
The Committee on Professional Ethics has considered the request of a member of The Florida Bar for an opinion as to the propriety of a lawyer writing a letter on his office letterhead, addressed to a candidate for public office, lauding the candidate and concluding with the wording: "Please feel free to use this letter in full or in part if it will be helpful." A photo copy of the letter was published in a local newspaper with the heading: "Mr. X endorses Candidate Y."
This Committee does not believe that any disciplinary action could be predicated upon such an endorsement. Any attempt to curtail the political activities of members of the Bar would be of doubtful constitutional validity and unsound from the point of public policy. There is no way to completely divorce an attorney's support of a political candidate from the fact that the attorney is a member of the Bar. Every American citizen has the right to endorse candidates.
Of course, if the publication of the letter was intended in any way to secure business for the lawyer as distinguished from securing votes for the man for whom the letter was written, a different situation would be presented.
It would be well for attorneys to obtain stationery which does not show their profession to be used on such occasions.
The matter seems to be one of intention. If the attorney was solely seeking to assist the candidate and had no other motive, we cannot condemn his actions as unethical, although perhaps they were ill-advised.