Can a lawyer planning to run for public office hand out campaign cards showing only his name and city, with no mention that he is a lawyer?

Plain-English summary

A member intended to be a candidate for public office in his county and to begin actively campaigning. Before qualifying for election, he wished to have cards printed stating only his name and the city in which he lived, and to distribute them to people he met so they would be better acquainted with him when he ran. No reference would be made, on the cards or when distributing them, to the fact that he was an attorney.

The committee directed attention to Canon 27, which prohibits soliciting legal representation directly or indirectly. Provided the cards were printed and distributed as described, and provided he in no way used the process in violation of Canon 27, the committee found no violation of the Canons. It made no judgment and expressed no opinion on compliance with the letter or spirit of the election laws.

Currency note

This opinion was issued in 1963-64, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct, and before the United States Supreme Court's decision in Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which reshaped the law governing lawyer advertising and solicitation. The opinion applied former Canon 27 of the Canons of Professional Ethics; the Bar's own annotation directs the reader to current Rules 4-7.11 and 4-7.18(a) of the Rules Regulating The Florida Bar (Model Rule 7.2). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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-candidate hand out plain name cards while campaigning?

A: Yes. The committee found no Canon violation in cards showing only the candidate's name and city, with no mention of his profession, so long as the cards are not used to solicit legal work.

Q: Did the committee opine on the election laws?

A: No. It expressly made no judgment on compliance with the letter or spirit of the election laws, confining itself to the ethics question.

Background and rules framework

The opinion applied former Canon 27 (solicitation and advertising) of the Canons of Professional Ethics. The Bar's annotation maps the subject to current Rules 4-7.11 and 4-7.18(a) of the Rules Regulating The Florida Bar (Model Rule 7.2). The analysis turns on the cards being purely political and silent about the candidate's law practice, so they neither directly nor indirectly solicit legal representation.

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; solicitation and advertising; see current Rules 4-7.11, 4-7.18(a)]

See also

• FL Bar Ethics Op. 63-32: Organizing an Association of Bank Attorneys
• FL Bar Ethics Op. 64-9: Lawyers on an Educational Television Program

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-63-35/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-63-35-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 63-35
January 7, 1964
Advisory ethics opinions are not binding.
It is not a violation of the Canons of Ethics for an attorney who intends to stand for election to pass out to people he meets cards bearing his name and the city in which he lives but no indication of his profession.
Canon: 27 [See current 4-7.11; 4-7.18(a)]
Chairman Smith stated the opinion of the committee:
A member of The Florida Bar states that he intends to be a candidate for public office in his county and intends "to start actively campaigning for the (position) in the near future." Prior to qualifying for election he wishes to have cards printed which will state only his name and the city in which he lives. He will distribute these cards to persons he meets so that they will be better acquainted with him when he runs for office. No reference will be made to the fact that he is an attorney either on the cards or at the time they are distributed.
Attention is directed to the provisions of Canon 27 which prohibit the solicitation of legal representation either directly or indirectly [See current Rules 4-7.11; 4-7.18(a)].
Provided, however, that the cards are printed and distributed as indicated, and provided he in no way uses the process in violation of Canon 27, it is the opinion of this Committee that no violation of the Canons of Ethics is involved.
This Committee makes no judgment, and expresses no opinion, as to compliance with the letter or spirit of the election laws.