FLBAR June 22, 1964

Can a contributing author's brief biographical sketch be included in a Continuing Legal Education manual?

Short answer: Yes. The committee found it not improper to include a brief, dignified biographical sketch of a contributing author, which might name the author's law firm, because the CLE manuals were distributed only to lawyers and law students.

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This page answers the general question as of 1964. Ezel answers yours: whether it's allowed on your facts, under the current Florida Rules of Professional Conduct, with citations.

Currency note: this opinion is from 1964
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A member asked whether it was proper to include, in Continuing Legal Education manuals, a brief biographical sketch of the author who made a particular contribution. One committee member disqualified himself because he served on the Bar committee charged with publishing the manuals.

All other members agreed unanimously that it would not be improper to include a brief and dignified biographical sketch of the author, which might include, among other things, the name of the author's law firm. The committee reasoned that the practice was proper because distribution of the manuals was limited to lawyers and law students rather than the general public.

Currency note

This opinion was issued in 1964, 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 recognized constitutional protection for truthful lawyer advertising and reshaped this area. The opinion applied former Canon 27 of the Canons of Professional Ethics; communications about a lawyer's services are now addressed by Rule 4-7.11 and related advertising rules 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: Could a CLE manual include a biographical note about a contributing author?

A: Yes. The committee found it not improper to include a brief, dignified biographical sketch, which might name the author's law firm.

Q: Why did the committee treat this as proper rather than improper self-promotion?

A: It emphasized that distribution of the manuals was limited to lawyers and law students, not the general public, and that the sketch should be brief and dignified.

Background and rules framework

The opinion applied former Canon 27 (advertising) of the Canons of Professional Ethics. The Bar's own annotation directs the reader to current Rule 4-7.11. A brief author biography accompanying a substantive contribution, distributed within a professional audience, is now governed by Rule 4-7.11 and related advertising rules of the Rules Regulating The Florida Bar (Model Rule 7.2). The committee's analysis turned on the limited, professional readership of the manuals.

Citations and references

Rules of Professional Conduct:

  • Canon 27 [Canons of Professional Ethics; advertising; see current Rule 4-7.11]

See also

Source

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 64-30
June 22, 1964
Advisory ethics opinions are not binding.
It is not improper to include a brief biographical sketch of the author who makes a particular contribution in Continuing Legal Education manuals.
Canon: 27 [See current 4-7.11]
Chairman Smith stated the opinion of the committee:
A member of The Florida Bar asks the Professional Ethics Committee to express its opinion regarding the propriety of including a brief biographical sketch in Continuing Legal Education manuals of the author who makes a particular contribution.
One member of this Committee has disqualified himself because he is a member of the Bar Committee charged with publication of the manuals. All other members of the Committee unanimously agree that it would not be improper to include a brief and dignified biographical sketch of the author which might include, among other things, the name of the author's law firm. The Committee feels that the practice would be quite proper because the distribution of the manuals is limited to lawyers and law students.

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