Can a lawyer write a general-interest legal article for a newspaper with an author credit, and publicize the firm's attendance at CLE seminars?
Apply this to your situation
This page answers the general question as of 1982. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
A downstate attorney prepared a newspaper article analyzing the Economic Recovery Tax Act of 1981, published with an Editor's Note naming the attorney and his firm and stating that his area of concentration was tax and business. The same firm later submitted a news release, published in a "What's Happening in Business" column, identifying three firm members and the IICLE continuing legal education seminars each had attended. The committee was asked whether cooperating in the article, and whether submitting the account of seminar attendance, violated the Code.
On the article, the committee applied Rule 2-101 (publicity and advertising), which reflected Bates v. State Bar of Arizona and, per the Committee Commentary to Canon 2, placed primary emphasis on the requirement that any advertisement be true, complete, and not misleading rather than on detailed prohibitions. The committee noted that even before Bates, old Canon 40 (1928) permitted a lawyer to write articles giving information on the law, provided he did not accept employment from the publication to advise inquirers on their individual rights, and that Opinion 141 (1957) had approved such articles with cautions now made inapposite by Bates. Given the leeway now allowed for direct advertising, the committee found the indirect advertising in cooperating on the article unobjectionable, so there was no violation.
On the seminar news release, the committee treated it as another form of indirect advertising, analogous to Opinion 266 (1965), which had approved IICLE's release of news stories naming attendees and participants. The committee found the only distinction, that here the lawyers released the information directly rather than through IICLE, insufficient to change the result, since the relaxed prohibitions on direct advertising had alleviated the earlier solicitation and advertising concerns. It concluded the release was not prohibited, while recognizing that many might regard releasing such information as being in bad taste.
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 Rules (Rules 7.1 and 7.2), while cautioning that the specific standards referenced may differ from the 2010 Rules. Lawyer-advertising rules have changed substantially since 1982. 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 write a legal article for a newspaper?
A: The opinion concluded yes; cooperating in publishing a general legal article with an authorship credit is permissible indirect advertising and does not violate the Code, provided the content is true and not misleading.
Q: Can a firm publicize that its lawyers attended CLE seminars?
A: Per the opinion, yes; releasing news of seminar attendance is not prohibited, though the committee acknowledged many might view it as being in bad taste.
Q: What rule governed the analysis?
A: The committee applied Rule 2-101, the post-Bates advertising rule, which emphasizes that any communication be true, complete, and not misleading rather than imposing detailed content prohibitions.
Background and rules framework
The opinion applied former Illinois Code Rule 2-101 (publicity and advertising, emphasizing true, complete, and not-misleading communications), drawing on old Canon 40 and Bates v. State Bar of Arizona. The Board's 2010 affirmation maps the analysis to current Illinois Rules of Professional Conduct 7.1 (communications must not be misleading) and 7.2 (advertising), corresponding to ABA Model Rules 7.1 and 7.2.
Citations and references
Rules of Professional Conduct:
- Illinois Code Rule 2-101 (applied in the opinion)
- Illinois RPC 7.1, 7.2 (2010 equivalents per the Board's affirmation)
- MR 7.1 (communications concerning a lawyer's services); MR 7.2 (advertising)
Cases:
- Bates v. State Bar of Arizona, 433 U.S. 350 (1977) (constitutional protection for lawyer advertising)
Other opinions cited:
- ISBA Opinion 141 (1957): articles on legal subjects by lawyers approved, with cautions later made inapposite by Bates
- ISBA Opinion 266 (1965): release of news stories naming CLE program attendees and participants not prohibited
See also
- ISBA Ethics Op. 756: A Lawyer's Name on a Billboard
- ISBA Ethics Op. 14-06: Firm Logo Apparel on TV
- ISBA Ethics Op. 03-05: Non-Legal Credentials on Cards
Source
- Landing page: https://www.isba.org/ethics/opinions/763
Get today's answer for your situation
You just read a 1982 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.