Can a lawyer let his name appear on a project billboard stating that he provided the legal work for a construction project?

Plain-English summary

A billboard was to be erected at a restaurant remodeling site to recognize the entities that made the acquisition and remodeling possible, including the financing bank and the architect. A lawyer asked whether he could ethically let his name appear in the form "Legal work for project by V. Ry Able."

The committee found no per se impropriety, so long as the billboard contained all information necessary to keep the advertisement from being misleading. It applied Rule 2-101 of the Illinois Code, under which a lawyer may publicize himself through commercial publicity or other public communication limited to information a reasonable person might regard as relevant in deciding whether to seek the lawyer's services; the communication must not be false or misleading and must be dignified and readily comprehensible, and subsection (b) requires including all information necessary to make the communication not misleading.

Applying that test, the committee concluded the advertisement may well be permitted. The proposed language was neither self-laudatory nor comparative; it simply indicated that the lawyer provided the legal service that made the acquisition and remodeling possible. The committee identified one shortcoming: the proposal did not indicate to whom the services were provided (the owner, general contractor, or subcontractors), which it noted was an omission easily remedied.

Currency note

This opinion was issued in 1982, 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 July 2010 as generally consistent with the 2010 Rule (Rule 7.2), while cautioning that the specific standards referenced may differ from the 2010 Rules. Lawyer-advertising rules have changed substantially since 1982, including through later constitutional decisions and rule revisions. Treat this page as historical context, not current guidance.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's name appear on a billboard crediting his work on a project?

A: The opinion concluded yes; there is no per se impropriety, provided the billboard contains all information necessary to keep it from being misleading under Rule 2-101.

Q: What made the proposed billboard acceptable?

A: Per the opinion, the language was neither self-laudatory nor comparative, and simply stated that the lawyer provided the legal work for the project, which the committee found consistent with the advertising rule.

Q: What did the committee say needed fixing?

A: The committee noted the billboard did not indicate to whom the legal services were provided (owner, general contractor, or subcontractors), an omission it called easily remedied.

Background and rules framework

The opinion applied former Illinois Code Rule 2-101 (commercial publicity and advertising, requiring that communications not be false or misleading and that they include all information necessary to avoid being misleading). The Board's 2010 affirmation maps the analysis to current Illinois Rule of Professional Conduct 7.2 (advertising), corresponding to ABA Model Rule 7.2, with the not-misleading requirement now in Model Rule 7.1.

Citations and references

Rules of Professional Conduct:

• Illinois Code Rule 2-101 (applied in the opinion)
• Illinois RPC 7.2 (2010 equivalent per the Board's affirmation)
• MR 7.1 (communications concerning a lawyer's services must not be misleading); MR 7.2 (advertising)

See also

• ISBA Ethics Op. 14-06: Firm Logo Apparel on TV
• ISBA Ethics Op. 03-05: Non-Legal Credentials on Cards
• ABA Formal Op. 10-457: Lawyer Websites

Source

• Landing page: https://www.isba.org/ethics/opinions/756