Can a lawyer appear on a real-estate firm's sponsored radio program to discuss legal aspects of real estate?

Plain-English summary

The committee considered whether an attorney could appear on a commercially sponsored radio program, financed by a real estate firm, to discuss phases of real estate work and the legal problems involved in real estate transactions, where listeners would be invited to telephone specific questions. The committee was assured that two procedures would be strictly followed: several attorneys would appear from time to time (eliminating any suggestion that the station or sponsor endorsed one particular attorney, even though those appearing might generally practice real estate law), and none of the attorneys would be identified as representing, or be inferred to endorse, the sponsoring real estate firm. The committee answered that, under those limitations, there would be no ethical impropriety.

The committee endorsed the broader idea. It said so-called "public service programs" dealing with the law and the legal profession are to be encouraged. At the same time, it stressed that the Code of Professional Responsibility strictly and properly condemns any hint of commercialism, advertising, or endorsement either by or for an attorney in connection with commercial activity as an attorney.

The committee concluded that if the format was kept in good taste and dignity within the guidelines outlined, no ethical problems would result, and that such programs could and perhaps should be encouraged by local bar associations, whether commercially sponsored or offered as public-service efforts by the radio station.

Currency note

This opinion was issued in 1971 under the former Code of Professional Responsibility, 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 strict prohibition on "any hint of commercialism" it relied on reflects pre-1977 law; the United States Supreme Court's decision in Bates v. State Bar of Arizona (1977) and later cases substantially changed the constitutional limits on lawyer advertising. Lawyer advertising is now governed by Model Rules 7.1 and 7.3 (Kentucky SCR 3.130(7.1) and (7.3)) and the Kentucky Attorneys' Advertising Commission Regulations. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Could a lawyer go on a sponsored radio show to talk about real estate law?

A: Yes, within limits. The committee found no impropriety so long as several attorneys appeared, none was tied to the sponsor, and the program avoided commercialism.

Q: What conditions did the committee require?

A: That several attorneys appear over time so no one is endorsed, that none be identified as representing or endorsing the sponsoring real estate firm, and that the format stay in good taste and dignity.

Q: Did the committee think such programs were a good idea?

A: Yes. It said public-service programs about the law are to be encouraged and could perhaps be encouraged by local bar associations, provided the guidelines were observed.

Background and rules framework

The opinion applied the Code of Professional Responsibility's then-strict prohibition on commercialism, advertising, and endorsement to a lawyer's appearance on a sponsored radio program. The modern analogs are Model Rule 7.1 (communications about a lawyer's services) and Model Rule 7.3 (solicitation), with Kentucky's counterparts at SCR 3.130 and the state's Attorneys' Advertising Commission Regulations.

Citations and references

Rules of Professional Conduct:

• Code of Professional Responsibility (commercialism, advertising, endorsement); modern analogs Model Rules 7.1 and 7.3

See also

• KBA Ethics Op. E-40: Using the Title "Doctor" With a Juris Doctor Degree
• KBA Ethics Op. E-72: Notice of Specialization to Other Attorneys

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-050.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-50
Issued: September 1971

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 appear on a commercially sponsored radio program financed by a real estate firm in a public service context to discuss various phases of real estate work and legal problems involved in real estate transactions?

Answer:

Yes.
OPINION

May an attorney appear on a commercially sponsored radio program financed by a real estate firm in a public service context to discuss various phases of real estate work and legal problems involved in real estate transactions? The listeners would be advised and invited to telephone specific questions and the Committee has been assured that the following procedures would be strictly complied with: (1)

Several attorneys would appear from time to time on the program, thus eliminating any suggestion of endorsement of any one particular attorney by the station or sponsor of the program although the attorneys appearing might generally be engaged in the real estate practice.

(2)

None of the attorneys so appearing on the program will be identified as representing the real estate firm which sponsors the program nor would any inference be raised that the attorneys so appearing were endorsing the sponsoring real estate firm.

Under these limitations it would appear that there would be no ethical impropriety on the part of the attorneys so appearing on the radio program. So called “public service programs” dealing with the law and the legal profession are to be encouraged. On the other hand the Code of Professional Responsibility strictly and properly condemns any hint of commercialism, advertising or endorsement either by or for an attorney in connection with commercial activity as an attorney. If the format of the program is kept in good taste and dignity within the guidelines as outlined, no ethical problems could result and in fact such programs could and perhaps

should be encouraged by local Bar Associations be they commercially sponsored or public service efforts by the radio station involved.
____
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.