Can a lawyer advertise a tax LLM and a field of concentration, and send referral-availability letters to other lawyers, but not to nonlawyer referral sources?
Apply this to your situation
This page answers the general question as of 1981. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
A lawyer admitted in 1979 who expected to receive a Master of Laws (LLM) in Taxation asked four questions: whether he could state the LLM degree and a concentration in business, estate, and tax planning in Yellow Pages, newspaper ads, business cards, announcements, letterhead, and his office sign; whether he could send letters and resumes to other lawyers stating availability for referrals and project work on tax matters; whether he could send the same to lawyers in other states (Missouri, Kentucky, Indiana); and whether he could send letters and resumes to nonlawyers involved in tax matters (CPAs, trust officers, insurance agencies, tax services) to be recommended to their clients.
The committee answered the first three questions with a qualified "yes" and the fourth with "no." It found the 1980 Code did not prohibit the public advertising in question, noting Rule 2-101(a) (following Bates v. State Bar of Arizona, 433 U.S. 350 (1977)) specifies the information allowable in public communications, provided the material is accurate, informative, not misleading, and does not imply specialization or expertise. The committee cautioned, drawing on the Ethical Considerations, that advertising should be direct, dignified, and comprehensible, that self-laudation should be avoided, and that misleading or deceptive advertising is prohibited. The same comments applied to the direct-mail letters to lawyers in questions two and three.
The committee noted that the ABA Code (DR 2-102(F)) and the pre-1975 ISBA Code expressly permitted using educational degrees, but the ISBA Code was amended in 1975 to remove DR 2-102(F), and Opinion 473 had condemned lawyers' use of the title "Doctor." The fourth question, soliciting nonlawyer intermediaries to recommend the lawyer to their clients, was answered "no."
Currency note
This opinion was issued in 1981, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 2010 Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in part in July 2010 as generally consistent with the 2010 Rules (Rules 7.1, 7.2, and 7.3), 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 lawyer advertise an LLM degree and a field of concentration?
A: The opinion concluded yes, in Yellow Pages, newspaper, stationery, business card, announcement, and office-sign advertising, provided the information is accurate, not misleading, and does not imply specialization or expertise.
Q: Can a lawyer send other lawyers letters offering availability for referrals?
A: Per the opinion, yes, to lawyers in Illinois and in other states, subject to the same accuracy and dignity limits that govern public advertising.
Q: Can a lawyer send referral-availability letters to CPAs and other nonlawyer professionals?
A: The committee answered no to sending letters and resumes to nonlawyer professionals for the purpose of being recommended to their clients.
Background and rules framework
The opinion applied Illinois Supreme Court Rules 2-101(a) (permitted advertising content) and 2-103(a) (recommendation of professional employment), with the Ethical Considerations EC 2-7, 2-8, 2-8A, and 2-10, against the backdrop of Bates. The Board's 2010 affirmation (in part) maps the analysis to current Illinois Rules of Professional Conduct 7.1 (communications about services), 7.2 (advertising), and 7.3 (solicitation), corresponding to ABA Model Rules 7.1, 7.2, and 7.3.
Citations and references
Rules of Professional Conduct:
- Illinois Supreme Court Rules 2-101(a), 2-103(a); EC 2-7, 2-8, 2-8A, 2-10; former ABA DR 2-102(F) (applied or discussed in the opinion)
- Illinois RPC 7.1, 7.2, 7.3 (2010 equivalents per the Board's affirmation)
- MR 7.1 (communications about services); MR 7.2 (advertising); MR 7.3 (solicitation)
Cases:
- Bates v. State Bar of Arizona, 433 U.S. 350 (1977), attorney advertising as commercial speech
Other opinions cited:
- ISBA Opinions 473 and 160: use of the title "Doctor" and educational-credential advertising
- ISBA Opinion 700: direct in-person solicitation
See also
- ISBA Ethics Op. 03-05: Identifying Non-Legal Accreditations
- ISBA Ethics Op. 03-03: Capital Litigation Trial Bar Designation
- ISBA Ethics Op. 736: Similar Law Firm and Lawyer Names
Source
- Landing page: https://www.isba.org/ethics/opinions/749
Get today's answer for your situation
You just read a 1981 opinion on this question. Ezel checks the current Illinois Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.