May a legal aid society publish an unsigned newspaper column explaining legal problems and urging readers to consult a lawyer?

Plain-English summary

Members of a Legal Aid Society asked about a newspaper column they proposed to run periodically in local papers. The authors would not be named, and the prototype article concluded by urging the public generally to contact an attorney as soon as a problem developed and giving the Society's name and address to those who felt financially unable to retain a private attorney. The prototype discussed a general landlord-tenant scenario and included a caveat that the illustration was subject to different interpretations in each case and that no reader should attempt to apply his own situation to the principles described.

The committee looked to the former Code of Professional Responsibility. EC 2-1 described educating laymen to recognize their legal problems as an important function of the profession. The committee found that the Society's activity was not for personal benefit, publicity, or to cause harassment litigation (the concerns of EC 2-3) but was instead motivated by a desire to protect a person who does not recognize his legal problems or is ignorant of his rights, and that the quoted caveat satisfied the limitations imposed by EC 2-5. The committee concluded that publications in the proposed form were eminently proper.

Currency note

This opinion was issued in 1971, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility (EC 2-1, 2-3, 2-5) and the Integration Rule, the subject matter of which is now addressed by Rules 4-7.11 and 4-7.18(a). Treat this page as historical context, not current guidance.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: Was the legal aid society's newspaper column proper?

A: Under this opinion, yes. The committee concluded the proposed periodic column was eminently proper, given that it educated the public about legal problems and encouraged readers to consult a lawyer.

Q: Did it matter that the authors were unnamed and the discussion general?

A: The opinion treated the column as public legal education rather than self-promotion or harassment litigation, and it found that the caveat warning readers not to apply the general illustration to their own situations satisfied the limitations of EC 2-5.

Background and rules framework

The opinion applied EC 2-1, 2-3, and 2-5 of the former Code, which addressed educating the public about legal problems and the limits on doing so, along with the Integration Rule, Article XIV. In current Florida practice, the relevant subject matter is in Rule 4-7.11 (scope of the advertising rules) and Rule 4-7.18(a) (direct contact with prospective clients). The Model Rule analogues are Rules 7.1 and 7.3.

Citations and references

Rules of Professional Conduct:

• EC 2-1, 2-3, 2-5 [Code of Professional Responsibility; subject matter now in Rules 4-7.11 and 4-7.18(a)]
• Integration Rule, Article XIV

See also

• FL Bar Ethics Op. 75-16: Lawyer Newspaper Columns
• FL Bar Ethics Op. 71-69: A Volunteer Neighborhood Law Office
• FL Bar Ethics Op. 73-11: Letterhead for Charity Appeals

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-71-31/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-71-31-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 71-31
August 20, 1971
Advisory ethics opinions are not binding.
A newspaper column to be written by members of a legal aid society, which examines various legal problems and encourages readers to consult a lawyer about their own legal problems, is proper.
CPR: EC 2-1, 2-3, 2-5 [See current 4-7-11 and 4-7.18(a)]
Integration Rule: Art. XIV
Committeeman Gregory stated the opinion of the committee:
Members of a Legal Aid Society have requested the advice of the Committee with respect to a newspaper column which the Society proposes to run periodically in local newspapers. We are advised that the authors of the articles will not be named, although at the conclusion of the prototype article submitted, the public is generally urged to contact an attorney as soon as any problem develops and those persons who feel they are financially unable to procure the services of a private attorney are given the name and address of the Legal Aid Society.
The prototype article submitted to the Committee presents a statement of facts involving an area of landlord-tenant law affecting Tom Tenant and his landlord, Larry Landlord. The discussion of the legal implications of the factual situation is general in its content but concludes with an indication of the proper determination of the problem presented.
The prototype article contains the following language, which the Committee is advised will be included in any future articles prepared and published:
It should be understood by the reader of this article that the foregoing illustration is subject to different interpretations in each particular case that may arise and no one reading this article should attempt to apply his own particular situation to the principles described herein.
The Code of Professional Responsibility at EC 2-1 states that one of the "important functions of the legal profession" is "to educate laymen to recognize their legal problems." The activity of the Legal Aid Society here involved is not for the purpose of affording personal benefit, publicity or causing litigation to be brought for harassment purposes as is deemed improper in EC 2-3, but to the contrary is obviously motivated by a desire to protect "one who does not recognize that he may have legal problems or who is ignorant of his legal rights and obligations." The caveat quoted above satisfies the limitations imposed by EC 2-5. The committee concludes that the publications in the form proposed are eminently proper.