Can a bar association advertise its lawyer referral service by distributing brochures in hospitals?

Plain-English summary

A bar association lawyer referral committee asked whether it could distribute a brochure describing the association's lawyer referral service in local hospitals to make the service more widely known. The committee answered yes, and added that dissemination to the general public at appropriate locations beyond hospitals would also be appropriate.

The committee grounded the answer in the authorization of approved lawyer referral services under Article XIV of the Integration Rule, Article XV of the By-Laws, and DR 2-103(1)(3), with EC 2-15 encouraging use of such services and EC 2-1 recognizing the profession's function of helping laymen recognize legal problems and select lawyers. It relied on ABA Formal Opinion 227, which found that former Canon 27 did not prohibit a bar association from advertising to acquaint the public with its referral service, and concluded that Canon 2 of the Code of Professional Responsibility likewise did not prohibit such advertising. The committee adopted general guidelines from Formal Opinion 227: the advertising should be carried on by the organized bar to avoid any semblance of personal solicitation; its purpose of benefiting the public should be made plain; it must in fact be motivated by a desire to benefit the public rather than to increase professional employment; and it should be conducted in keeping with the dignity and traditions of the profession. The committee cited Jacksonville Bar Association v. Wilson, 102 So.2d 292 (1958), in which the Florida Supreme Court approved a local bar association's use of advertising to promote public awareness of a referral service, and noted that a pamphlet enclosed with the inquiry must not be inconsistent with the stated guidelines.

Currency note

This opinion was issued in 1977, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rule 4-7.22 before relying on any specific requirement mentioned here.

Common questions

Q: Can a bar association advertise its lawyer referral service to the public?

A: The opinion concluded it may, relying on the authorization of approved referral services and ABA Formal Opinion 227, and finding Canon 2 did not prohibit such advertising.

Q: Can the brochures be placed in hospitals?

A: Yes. The committee specifically approved distribution in local hospitals and added that distribution at other appropriate public locations would also be proper.

Q: Were there conditions on the content of the brochure?

A: Per the opinion, any such brochure must not be inconsistent with the guidelines adopted from ABA Formal Opinion 227, including that the effort be carried on by the organized bar and plainly aimed at benefiting the public.

Background and rules framework

The opinion applied Canon 2, EC 2-1, EC 2-15, and DR 2-103 of the former Code of Professional Responsibility, along with the Integration Rule provisions authorizing approved lawyer referral services. That subject corresponds to Model Rule 7.2 (lawyer referral services and communications about services); the current Florida counterpart is Rule 4-7.22 (lawyer referral services and qualifying providers).

Citations and references

Rules of Professional Conduct (as cited, former Code):

• CPR Canon 2; EC 2-1; EC 2-15; DR 2-103(1)(3) (lawyer referral services and public communication)
• Integration Rule Art. XIV; By-Laws Art. XV

Cases:

• Jacksonville Bar Association v. Wilson, 102 So.2d 292 (Fla. 1958), approving bar association advertising of a referral service

Other opinions cited:

• ABA Formal Opinions 121, 179, 205, 227; ABA Informal Opinion 846; Florida Bar Opinion 64-32

See also

• FL Bar Ethics Op. 88-13: Storefront Referral Company
• FL Bar Ethics Op. 84-2: Lawyers in a Barter Exchange
• FL Bar Ethics Op. 75-36: Teaching a Course to Laymen

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-75-30/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-75-30-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 75-30
February 8, 1977
Advisory ethics opinions are not binding.
A bar association lawyer referral committee may distribute in local hospitals and other appropriate public locations a brochure describing the association's lawyer referral service.
Canons: 27, Canons of Professional Ethics [See current 4-7.17(b); 4-7.22; Chapter 8]
CPR: Canon 2; EC 2-1; EC 2-15 [See current 4-7.22; Chapter 8]; DR 2-103(1)(3) [See current 4-7.17(b); 4-7.22; Chapter 8]
Opinions: 64-32, ABA Formal 121, 179, 205, 227 and ABA Informal 846
Case: Jacksonville Bar Association v. Wilson, 102 So.2d 292 (1958)
Integration Rule: Art. XIV; Bylaws Art. XV
Vice Chairman Lehan stated the opinion of the committee:
A bar association lawyer referral committee has inquired whether it may, in order to make referral services more widely known to the public, distribute in local hospitals a brochure describing the lawyer referral service operated by the bar association.
This Committee answers the inquiry in the affirmative and would also add that dissemination of the brochure to the general public at appropriate locations in addition to hospitals would be appropriate.
Approved lawyer referral services are specifically authorized as provided in Article XIV of the Integration Rule and in Article XV of the By-Laws under the Integration Rule, and by DR 2-103(1)(3) [See current Rules 4-7.17(b); 4-7.22; Chapter 8]. EC 2-15 encourages the use of such services and lawyers' support thereof [See current Rules 4-7.22; Chapter 8]. EC 2-1 specifically recognizes an important function of the legal profession as including "to educate laymen to recognize their legal problems, to facilitate the process of intelligent selection of lawyers, and to assist in making legal services fully available."
ABA Formal Opinion 227, issued under the former Canons of Professional Ethics, is in point. That opinion finds that former Canon 27, as it applies to bar associations, does not prohibit the employment of advertising facilities by an organized Bar association to acquaint the lay public with the desirability of securing legal services promptly when a legal problem arises and to apprise the public of a lawyer's reference service, the plan under which it operates, and the availability of the service.
Likewise, Canon 2 of the Code of Professional Responsibility does not prohibit such employment by bar associations of such advertising facilities.
This Committee adopts general guidelines laid out in Formal Opinion 227 as to advertising of a lawyer referral service, to-wit:
First, it should be carried on by the organized bar in order that any semblance of personal solicitation will be avoided.
Second, that the purpose is to give the layman beneficial information, to enable lawyers as a whole to render a better professional service, to promote order in society, to prevent controversy and litigation and to enhance the public esteem of the legal profession, the judicial process and the judicial establishments, should be made plain.
Third, it must in fact be motivated by a desire to benefit the lay public and carried out in such a way as to avoid the impression that it is actuated by selfish desire to increase professional employment; and any plan, however well intended, that on trial fails to convince the lay public that the purpose is to benefit the layman and not to promote professional employment should be promptly abandoned.
Fourth, it should be carried on in a manner in keeping with the dignity and traditions of the profession.
See also, ABA Formal Opinions 205, 121 and 179, and ABA Informal Opinion 846. In addition, see this Committee's Opinion 64-32 relating to distribution of "Have You Made A Will?" pamphlets.
In Jacksonville Bar Association v. Wilson, 102 So.2d 292 (1958), the Florida Supreme Court specifically approved the use of advertising by a local bar association to promote public awareness of a lawyer's referral service.
With the inquiry there is enclosed copy of a pamphlet used by a local bar association in another state to publicize the services available through its lawyer referral service. The inquiry is not clear as to whether it requests specific approval by this Committee of the literal wording of that pamphlet. Suffice it to say for present purposes that any such brochure must not be inconsistent with the foregoing guidelines. If a particular question should be raised as to whether a particular portion of any such brochure is within those guidelines or is otherwise in accord with the CPR, this Committee would then consider undertaking a response in that respect.