May a law firm that runs a title company advertise in the yellow pages under the 'title companies' heading?

Plain-English summary

Law firm A&B operated a title company, formerly as a separate corporation owned by the partners and now under the firm's own name. The firm asked whether it could list itself in the telephone-book yellow pages under "title companies" without violating the Bar Rules.

The Commission concluded that the Bar Rules did not prohibit the listing. Rule 3.9(a) permits advertising as long as it is not false, fraudulent, misleading, or deceptive, and Rule 3.9(b) defines categories of false advertising, none of which reached the proposed listing. A statement that the firm provides title insurance was a true statement that could be expressed in the yellow pages or any other form of communication. The Commission acknowledged the listing could be framed in a misleading way, but held it was not impermissible per se under Rule 3.9.

The Commission also considered Rule 3.8, which bars a lawyer from holding herself out as an expert either expressly or implicitly. It concluded the listing did not amount to a designation of a specialty. It reasoned that providing title insurance may not even constitute the practice of law, since a non-lawyer can act as a title insurance agent, and that the listing was no more a specialty designation than a lawyer advertising as a real estate broker. The Commission concluded the proposed listing was permitted by the Bar Rules.

Currency note

This opinion was issued in 1990, before Maine's replacement of the former Maine Bar Rules with the Maine Rules of Professional Conduct (effective August 1, 2009). 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Could a law firm advertise a non-legal business it operates, like a title company?

A: The opinion concluded yes. It found nothing in the Bar Rules barring a firm from listing in the yellow pages under "title companies," because stating that the firm provides title insurance is a true statement.

Q: Does listing under a service heading like "title companies" claim a specialty?

A: The opinion concluded it does not. It held the listing was no more a designation of a specialty than a lawyer advertising as a real estate broker, and noted that providing title insurance may not even be the practice of law.

Q: What made the listing permissible under the advertising rule?

A: The opinion held the listing was a true statement and fell outside the categories of false advertising defined in Rule 3.9(b), so it was not per se impermissible under Rule 3.9(a).

Background and rules framework

The opinion interprets Maine Bar Rule 3.9(a) and (b), which permitted advertising that is not false, fraudulent, misleading, or deceptive and defined types of prohibited false advertising, and Rule 3.8, which barred a lawyer from holding herself out as an expert or specialist. These correspond to ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.4 (communication of fields of practice and specialization).

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 (communications concerning a lawyer's services); Model Rule 7.4 (fields of practice and specialization)
• Maine Bar Rule 3.9(a), 3.9(b), 3.8

See also

• Maine Ethics Op. 101: Cross-Referral Between Spouse Attorneys in Real Estate
• Maine Ethics Op. 106: Firm as Escrow Agent for Both Sides of a Sale

Source

• Landing page: https://mebaroverseers.org/attorney_services/opinion.html?id=89883

Original opinion text

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

Issued by the Professional Ethics Commission

Date Issued: November 1, 1990

Question Presented

Law firm A&B operate a title company, formerly as a separate corporation owned by the firm's partners, and now under the name of the law firm. A&B wish to list the firm in the yellow pages of the telephone book under "title companies." It has inquired as to whether such advertising is permitted under the Bar Rules.

Answer

Our review of the Bar Rules does not disclose any prohibition against the proposed practice. Rule 3.9(a) permits advertising as long as it is not false, fraudulent, misleading or deceptive. Rule 3.9(b) defines various types of false advertising, none of which prohibit the proposed advertising. The mere statement in a yellow pages listing that the law firm provides title insurance is a true statement which can be expressed in the yellow pages or in any other form of oral or written communication. While it is conceivable, of course, that the listing might include statements which could be framed to be misleading, we believe that the listing is not per se impermissible under Rule 3.9.

Rule 3.8 prohibits an attorney from holding herself out as an expert, either expressly or implicitly. Again, however, we see nothing in the rule, or any prior interpretation of it, which causes us to conclude that such a listing constitutes a designation of a specialty. While it may be argued that advertising by a law firm under the heading of "title companies" may constitute designation of a specialty, we are not persuaded by such a contention. Moreover, it may be that the providing of title insurance does not even constitute the practice of law, let alone designation of a specialty. Although it is frequently the case that title insurance is provided through insurance agencies operated by or affiliated with law firms, it is possible to be such an agent without being a lawyer. That being the case, we cannot conclude that such a listing would constitute designation of a specialty, any more than would the occasional practice of lawyers acting as real estate broker and so advertising themselves to the public.

We conclude, therefore, that the proposed listing of the law firm is permitted by the Bar Rules.