Can a lawyer advertise that he or she is in the general practice of law?

Plain-English summary

The committee answered whether an attorney may advertise that the lawyer is in the general practice of law with a qualified yes. It relied on SCR 3.135, which provides that a lawyer may advertise under certain circumstances and with certain caveats, and more specifically on SCR 3.135(5), allowing an advertisement to include "a statement of the type of services rendered including, if desired, any limitation or concentration of practice."

The committee reasoned that the major purpose of the Supreme Court's advertising rule is to acquaint the public with the availability of legal services, and that SCR 3.135(5) lets a layperson review a lawyer's expertise and specialties in certain areas. It concluded that the words "general practice" acquaint the public as to the type of services that lawyer would perform.

Currency note

This opinion was issued in 1980 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. The advertising provision it construes, SCR 3.135, has since been superseded (the bar's own note points to current Rules 7.01-7.60 and the Attorneys' Advertising Commission Regulations). Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer say in advertising that he is in "general practice"?

A: Qualified yes, under this opinion. The committee found the phrase acquaints the public with the type of services the lawyer performs, consistent with SCR 3.135(5).

Q: What does the advertising rule allow a lawyer to say about practice areas?

A: Per SCR 3.135(5), an advertisement may state the type of services rendered, including, if desired, any limitation or concentration of practice.

Background and rules framework

The opinion construes SCR 3.135, Kentucky's lawyer-advertising rule as it then stood, which permitted stating the type of services rendered and any limitation or concentration of practice. The modern analogs are Model Rule 7.1 (no false or misleading communications), Model Rule 7.2 (advertising), and Model Rule 7.4 (communicating fields of practice).

Citations and references

Rules of Professional Conduct:

• SCR 3.135 (lawyer advertising), in particular SCR 3.135(5); modern analogs Model Rule 7.1, Model Rule 7.2, and Model Rule 7.4

See also

• KBA Ethics Op. E-260: Out-of-State Lawyer Advertising
• KBA Ethics Op. E-219: Law-Clinic Trade Names
• KBA Ethics Op. E-223: Paralegal Names on Letterhead

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-224.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-224
Issued: January 1980

This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), especially Rules 7.01-7.50 and the Attorneys’ Advertising Commission Regulations, before relying on this opinion.

Question:

May an attorney advertise the fact that the lawyer is in the general practice of law?

Answer:

Qualified Yes.

References:

SCR 3.135. Now Rules 7.01-7.60.
OPINION

The Supreme Court Ru1e 3.135 provides that a lawyer may advertise under certain circumstances and with certain caveats.
More specifically SCR 3.135 provides that the advertisement can include “(5) a statement of the type of services rendered including, if desired, any limitation or concentration of practice.”
It is the feeling of the Committee the major reason for the Supreme Court Rule on advertising is to acquaint the public with the availability of legal services. More particularly, SCR 3.135(5) above allows the lay individual to review the lawyer’s expertise and specialties in certain areas. The Committee’s feeling is that the words “general practice” acquaint the public as to the type of services that lawyer would perform.

Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.