Can a Florida lawyer buy a yellow page listing in a local telephone directory not published by the telephone company?

Plain-English summary

An attorney asked about the propriety of purchasing a yellow page listing in a local telephone directory not prepared by the local telephone company. The committee concluded that it is now permissible to do so, based on the recent modifications to the Code of Professional Responsibility set forth in The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980), which adopted new Disciplinary Rules 2-101 and 2-102 and new Ethical Considerations EC 2-1 through EC 2-15.

The committee explained that this decision effectively reverses Florida Ethics Opinion 74-28 (since withdrawn) in its interpretation of the former DR 2-102(A)(5). The committee noted that its prior opinion 74-28 had followed ABA Opinion 325, issued in June 1968, and that both seemed to be correct interpretations of the former DR 2-102(A)(5), but that DR 2-102 had since changed and the prior opinions must fall. It found the inquiry to fall directly within the arrangements clearly authorized by the Florida advertising decision and answered in the affirmative.

Currency note

This opinion was issued in 1980, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Although the opinion number carries a 1978 prefix, the official PDF prints an issuance date of November 25, 1980; the printed date controls.

Common questions

Q: Can a lawyer advertise in a private yellow-pages directory?

A: The opinion concluded a lawyer may purchase a yellow page listing in a local telephone directory not prepared by the local telephone company.

Q: Did this change an earlier rule?

A: Yes. The opinion concluded the 1980 advertising decision effectively reverses Florida Ethics Opinion 74-28, which had relied on the former DR 2-102(A)(5) and ABA Opinion 325.

Q: Why did the prior opinion no longer apply?

A: The opinion explained that DR 2-102 had changed, so the prior interpretations, even if correct under the old rule, must fall.

Background and rules framework

The opinion interprets the former CPR DR 2-102(A)(5) and the revised DR 2-101 and DR 2-102 with EC 2-1 through EC 2-15, as adopted in the 1980 Florida advertising decision. The advertising concerns correspond to Model Rules 7.1 and 7.2 (Florida Rules 4-7.14 and 4-7.12).

Citations and references

Rules of Professional Conduct:

• CPR DR 2-101; DR 2-102; DR 2-102(A)(5); EC 2-1 through EC 2-15 (Model Rules 7.1, 7.2)

Cases:

• The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980), new advertising rules

Other opinions cited:

• Florida Ethics Opinion 74-28 (since withdrawn); ABA Opinion 325 (1968)

See also

• FL Bar Ethics Op. 78-13: Lawyer's Name on a Bank Building Sign
• FL Bar Ethics Op. 82-1: Religious Statement in Lawyer Advertising
• FL Bar Ethics Op. 88-2: Juris Doctor on Letterhead and Advertising

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-78-10/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-78-10-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 78-10
November 25, 1980
Advisory ethics opinions are not binding.
It is permissible for an attorney to purchase a yellow page listing in a local telephone directory that is not prepared by the local telephone company.
Note: Lawyer advertising rules are now in Rules Regulating The Florida Bar 4-7.11 through 4-7.22.
CPR: DR 2-101, DR 2-102, DR 2-102(A)(5), EC 2-1 through EC 2-15
Opinions: 74-28, ABA Opinion 325
Cases: The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980).
Mr. Livingston stated the opinion of the committee:
An attorney inquires regarding the propriety of purchasing a yellow page listing in a local telephone directory that is not prepared by the local telephone company. Our opinion is that it is now permissible for an attorney to purchase a yellow page listing in a local telephone directory that is not prepared by the local telephone company.
Our opinion is based upon the recent modifications to the Code of Professional Responsibility, as set forth in The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980). This decision adopts new Disciplinary Rules 2-101 and 2-102, and new Ethical Considerations EC 2-1 through 2-15. Further, this decision effectively reverses Florida Ethics Opinion 74-28 [since withdrawn] in its interpretation of then DR 2-102(A)(5) of the Code of Professional Responsibility. Our prior opinion, Florida Ethics Opinion 74-28, followed ABA Opinion 325, issued in June 1968. Both our prior opinion and ABA Opinion 325 seem to be correct interpretations of then DR 2-102(A)(5). Disciplinary Rule 2-102 has changed though, and the prior opinions must fall. This inquiry appears to this Committee to fall directly within the arrangements clearly authorized by the Florida Advertising case. Therefore, this Committee answers the inquiry in the affirmative.