Can a lawyer leave a stack of business cards with a bank or business so its officers can hand them out to refer customers?

Plain-English summary

A member asked whether an attorney may give his professional business cards to an officer of a bank, savings and loan association, or business house at the officer's request so the cards can be used in referring customers to the attorney.

The committee said it would be most improper for an attorney to give his cards to anyone for the purpose of referring business, while noting that in individual cases it found no objection. Occasionally giving a card to a bank officer at the officer's request would not violate Canon 27, but leaving a large number of cards for that purpose would definitely constitute a violation. The committee added that the officer should have in mind a particular individual to whom he wishes to hand the card, rather than keeping a supply on hand to give out whenever an opportunity arises.

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 itself points to current Rules 4-7.11 and 4-7.18(a) of the Rules Regulating The Florida Bar, which address lawyer advertising and direct contact with prospective clients (Model Rules 7.2 and 7.3). Subsequent rule amendments or later opinions may have changed the analysis, and the constitutional limits on regulating lawyer advertising have 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 Treat this page as historical context, not current guidance.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 leave business cards with a bank for the staff to give to customers?

A: No. The committee concluded it would be improper to leave a supply of cards with a bank, savings and loan, or business officer for the purpose of referring customers, and that leaving a large number of cards for that purpose would definitely be a violation.

Q: Is handing a single card to a referral source ever permissible?

A: The committee found no objection to occasionally giving a single card to a bank officer at the officer's request, provided the officer has in mind a particular individual to receive it rather than keeping a stock of cards to hand out at will.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics, which addressed advertising and solicitation, including the use of intermediaries to channel business to a lawyer. The opinion itself identifies the current counterparts as Rule 4-7.11 (lawyer advertising generally) and Rule 4-7.18(a) (direct contact with prospective clients) of the Rules Regulating The Florida Bar (Model Rules 7.2 and 7.3).

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; current Rules 4-7.11, 4-7.18(a) per the opinion]

See also

• FL Bar Ethics Op. 63-35: Candidate's Campaign Cards
• FL Bar Ethics Op. 63-32: Bank-Attorney Association

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-62-69/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-62-69-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 62-69
May 6, 1963
Advisory ethics opinions are not binding.
It is improper for a lawyer to leave a supply of his professional business cards with an officer of a bank, savings and loan association, or business house at the request of such officer so that the cards may be used in referring customers to the lawyer for professional services.
Canon: 27 [See current 4-7.11; 4-7.18(a)]
Chairman Holcomb stated the opinion of the committee:
A member of The Florida Bar asks our opinion on the question of whether it is proper for an attorney to give his professional business cards to an officer of a bank, savings and loan association or business house at the request of such officer so that the cards may be used in referring customers to the attorney for professional services.
We believe that it would be most improper for an attorney to give his professional cards to anyone for the purpose of referring business, although in individual cases we find no objection. If an attorney should occasionally give his professional card to such bank officer at the request of the officer, we do not believe there would be any violation of Canon 27 [See current Rules 4-7.11; 4-7.18(a)].
However, if he left a large number of cards for such purpose, it definitely would constitute a violation. We feel that the bank officer should have in mind a particular individual to whom he desires to hand the card rather than keeping a supply of them on hand to hand out whenever he sees an opportunity.