Can a law firm that opened a branch office mail every postal patron in the community a letter announcing the office and listing the firm's fields of practice?

Plain-English summary

A law firm that had opened a branch office proposed to mail every postal patron in the community a letter stating that the firm, after serving the area for over thirty years, had opened a branch office; giving the branch address; stating that the firm consisted of three lawyers; stating the areas of practice in which it was available to provide services; and giving its office hours.

The committee concluded the proposed letter was a "public communication" within the meaning of Rule 2-101 of the Illinois Code of Professional Responsibility (effective July 1, 1980), and that it met the conditions set out in that rule. The committee contrasted the position under the now-superseded ISBA Code, where DR 2-105 would have made listing the firm's areas of practice questionable unless accompanied by a disclaimer that Illinois did not recognize or certify specialists in those fields (except patents, trademarks, and admiralty). Under the new Code, while the right to hold oneself out as a specialist remained limited to those same fields, any lawyer could designate an area in which he concentrates or limits his practice under Rule 2-105(a)(3), and Rule 2-101 permitted a description of the types of legal matters in which the lawyer would accept employment. Because the new Code required no non-recognition or non-certification statement, the listing of areas of practice in the proposed letter was permissible.

Currency note

This opinion was issued in 1980, under the Illinois Code of Professional Responsibility adopted effective July 1, 1980, and before Illinois adopted the 2010 Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in July 2010 as generally consistent with the 2010 Rules (Rules 7.2 and 7.4), while cautioning that the specific standards referenced may differ from the 2010 Rules. 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 Treat this page as historical context, not current guidance.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 or requirement mentioned here.

Common questions

Q: Can a law firm mail an office-opening announcement to every postal patron in a community?

A: The opinion concluded the firm's proposed letter was a permitted public communication under Rule 2-101 and was not improper.

Q: Could the letter list the firm's fields of practice?

A: Yes. Under the 1980 Code, a lawyer could designate areas in which he concentrates or limits his practice, and a public communication could describe the types of legal matters in which the lawyer would accept employment.

Q: Did the firm have to add a disclaimer that Illinois does not certify specialists?

A: Per the opinion, the 1980 Code (unlike the prior ISBA Code's DR 2-105) required no such non-recognition or non-certification statement, so the listing was permissible without it.

Background and rules framework

The opinion applied Illinois Supreme Court Rules 2-101 (permitted public communications) and 2-105(a)(3) (designating fields of concentration). The Board's 2010 affirmation maps the analysis to current Illinois Rules of Professional Conduct 7.2 (advertising) and 7.4 (communication of fields of practice and specialization), corresponding to ABA Model Rule 7.2.

Citations and references

Rules of Professional Conduct:

• Illinois Supreme Court Rules 2-101, 2-105(a)(3); former ISBA Code DR 2-105 (applied or contrasted in the opinion)
• Illinois RPC 7.2, 7.4 (2010 equivalents per the Board's affirmation)
• MR 7.2 (advertising)

Other opinions cited:

• The opinion does not cite other ISBA opinions by number.

See also

• ISBA Ethics Op. 749: Advertising a Degree and Field of Concentration
• ISBA Ethics Op. 700: Sports-Law Player Representation
• ISBA Ethics Op. 709: Keeping a Deceased Member's Name in the Firm Name

Source

• Landing page: https://www.isba.org/ethics/opinions/702