Can a lawyer write a newspaper legal-advice column that answers readers' submitted questions?

Plain-English summary

A lawyer on the staff of a legal service program asked about the propriety of publishing a newspaper legal column. The column carried no biographical information about him, included a disclaimer that it was no substitute for individual legal consultation, and directed readers with legal problems to a lawyer referral service. The newspaper, however, told the public the attorney would answer legal questions submitted, and sample columns showed specific reader questions (a landlord-tenant notice question, a homestead-exemption question, and a public-housing inquiry) being answered.

The committee said it generally favors articles designed to make readers aware of legal matters, but found that the column's format and the questions answered did not comport with the limits of EC 2-5 and DR 2-104, because the format invited specific questions and answered many that exceeded those limits. Citing ABA Opinion 270 as interpreted by Florida Opinions 64-79 and 66-3, the committee stated that an attorney may not answer individual inquiries for legal advice through a newspaper column even while anonymous; only questions of general public interest may be answered, readers must be cautioned not to rely on the answers but to consult their own attorneys, and the column must be written in a lecture tone. It cautioned that the column must be limited to general questions and that the solicitation of inquiries should not be couched in terms inviting specific legal questions.

Currency note

This opinion was issued in 1970, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied EC 2-5 and DR 2-104 of the former Code of Professional Responsibility; the opinion's own note points to current Rules 4-7.11 and 4-7.18(a), and lawyer advertising and communication rules have since been substantially revised, including after later First Amendment decisions on lawyer advertising. Treat this page as historical context, not current guidance.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 answer readers' specific legal questions in a newspaper column?

A: Under this opinion, no. The committee held that individual requests for legal advice may not be answered through a column, even anonymously; only questions of general public interest may be answered.

Q: Did anonymity make it acceptable?

A: No. The committee, following ABA Opinion 270, stated that the prohibition on answering individual inquiries applied even though the attorney remained anonymous.

Q: What format did the committee describe as acceptable?

A: A column limited to questions of general public interest, written in a lecture tone, cautioning readers not to rely on the answers but to consult their own attorneys, and not inviting specific legal questions.

Background and rules framework

The opinion applied EC 2-5 and DR 2-104 of the former Code of Professional Responsibility, which addressed a lawyer giving unsolicited advice and publicity, and drew on ABA Opinion 270. These subjects are now addressed by the advertising and communication provisions of the Rules Regulating The Florida Bar, including Rules 4-7.11 and 4-7.18 per the opinion's note. The Model Rule analogue is Rule 7.1.

Citations and references

Rules of Professional Conduct:

• EC 2-5; DR 2-104 [Code of Professional Responsibility; see current Rules 4-7.11 and 4-7.18(a) per the opinion's note]

Other opinions cited:

• ABA Opinion 270: answering individual inquiries through a newspaper column
• Florida Opinions 64-79 and 66-3 [66-3 since withdrawn]

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-70-30/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-70-30-3.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 70-30
October 15, 1970
Advisory ethics opinions are not binding.
A legal column written by an attorney for a newspaper should be limited to answering general questions.
CPR: EC 2-5; DR 2-104 [See current 4-7.11 and 4-7.18(a)]
Opinions: 64-79, 66-3; ABA 270
Chairman Massey stated the opinion of the committee:
A member of The Florida Bar inquires as to the propriety of publishing a legal column in a newspaper. The attorney advises no biographical information about himself will be contained therein and that the following statements would be issued:
This column is published for the purposes of providing a general understanding of the law. It is in no way a substitute for individual legal consultation and anyone with a legal problem should consult their attorney. If you have a legal problem and do not know an attorney, call The _____ Bar Association's Lawyer Referral Service at (telephone number).
The inquiring attorney is on the staff of a legal service program; however, the newspaper advises the public that the attorney will answer legal questions submitted. Certain published articles were submitted for review by the Committee which illustrated the type of questions being answered. Examples of such questions are included herein:
Example 1:
Q. I pay my rent on the first day of each month in advance. I have no lease. Must the landlord give me notice if he wants me to move? Must I give the landlord the same notice if I want to move?
A. Yes to both questions. At least fifteen days advance notice is required if a landlord wants the tenant to move at the end of the month. Similarly, a tenant is required to give the same notice if he intends to move at the end of the month.
Example 2:
Q. My sister and I own a condominium apartment in both names. When we applied for homestead exemption, only my sister signed the application. I was right there but the clerk did not ask me to sign. Now we are told we have only one half exemption for the year.
A. Regrettable but true. Both owners must sign to obtain full exemption.
Example 3:
Q. I am 73 years old. My only income is a Social Security check of $120 monthly and I am rapidly using up my last few thousand dollars in the bank. Can I obtain an apartment in public housing?
A. The Referendum on Public Housing (200 units) has been approved by the vote on April 23. We suggest you make inquiry of the Housing Authority of Miami Beach, which has an office located in the Goodman Project, about an apartment. You must understand, however, that at the earliest, it will be eighteen months before the project is completed and that there will probably be five times as many applicants as apartments.
The Committee generally favors articles or columns designed to make readers aware of legal matters. However, the format of the column and questions being answered do not comport with the limitations properly indicated by the Code of Professional Responsibility, EC 2-5 and DR 2-104. The format is one which invites specific questions and apparently receives many of which exceed the limitations as prescribed. ABA Opinion 270, as supported and interpreted by Florida Opinions 64-79 and 66-3 [since withdrawn], finds that an attorney may not answer individual inquiries for legal advice through a newspaper column, even though the attorney remains anonymous. Only questions of general public interest will be answered, the readers will be cautioned not to rely on the answers but to consult their attorneys, and the column will be written in a lecture tone.
The Committee cautions the inquirer that legal columns must be limited to answering general questions. Further, the solicitations of inquiry in the newspaper should not be couched in terms which purport to invite specific legal questions.