Can a law firm advertise a local-seeming telephone number, via call forwarding, in a community where it has no office or lawyer?

Plain-English summary

The opinion addressed an interstate firm headquartered in South Carolina with four North Carolina satellite offices. The firm wanted to advertise in the phone directories of three additional North Carolina communities where it had neither an office nor a lawyer. The ad would list the four satellite-office numbers and a toll-free number, plus "remote call forwarding" numbers under the names of the towns where it had no presence; such a number appears local because no area code is dialed within the community, but the call is forwarded elsewhere. The ad would also state that the firm had offices in four North Carolina and three South Carolina locations and that both North Carolina and South Carolina lawyers were available, without naming individual lawyers or their licensure.

The opinion concluded that the advertisement, as proposed, did not comply with the Rules. Rule 2.1 prohibits false and misleading communications about a lawyer's services, and Rule 2.1(a) defines a misleading communication as one containing a material misrepresentation or omitting a fact necessary to keep the statement from being materially misleading. The opinion reasoned that it is misleading for a firm to imply it has an office or lawyer in a community where it has neither, and that listing an apparently local telephone number in such a community, without explaining that the number is not local and that there is no office there, would mislead readers about where the firm's offices actually are. At the same time, the opinion concluded it is not a violation of Rule 2.1 to advertise in North Carolina communities even though some firm lawyers are not licensed in North Carolina, provided the firm is registered with the North Carolina State Bar as an interstate law firm, the ad notes locations in both states, and only North Carolina lawyers handle North Carolina cases.

Currency note

This opinion was issued in 1995, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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: Can a law firm advertise a local-looking phone number in a town where it has no office?

A: Not without disclosure. The opinion concluded that listing an apparently local number in a community where the firm has no office or lawyer, without explaining that the number is not local and there is no office there, is misleading under Rule 2.1.

Q: What makes the call-forwarding number misleading?

A: It implies a local presence the firm does not have. The opinion reasoned that the number appears local because no area code is dialed locally, so readers would be misled about the actual location of the firm's offices.

Q: Can an interstate firm with out-of-state lawyers advertise in North Carolina at all?

A: Yes, with conditions. The opinion concluded it is not a Rule 2.1 violation if the firm is registered with the State Bar as an interstate law firm, the ad notes locations in both states, and only North Carolina lawyers handle North Carolina cases.

Background and rules framework

The opinion applied North Carolina's then-current Rule 2.1, the provision governing communications about a lawyer's services, which corresponds to Model Rule 7.1. Rule 2.1(a) defines a misleading communication as one that materially misrepresents fact or law or omits a fact necessary to keep the statement, considered as a whole, from being materially misleading. The opinion measured the proposed advertisement against that standard.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• North Carolina Rule 2.1, Rule 2.1(a)

See also

• NC Ethics Op. RPC 239: advertising on the internet
• NC Ethics Op. RPC 241: participating in an internet lawyer directory
• NC Ethics Op. RPC 242: direct-mail solicitation of a newly formed corporation

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-217/

Original opinion text

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

Inquiry:

ABC Law Firm has a central office in Spartanburg, South Carolina, but has a Charlotte regional office where there is a full-time secretary and a North Carolina attorney assigned to do case work. ABC Law Firm also has offices in Asheville, Hendersonville, and Hickory which are manned daily by a North Carolina attorney. ABC Law Firm regularly has North Carolina attorneys try cases and attend hearings throughout North Carolina. Some of the attorneys with ABC Law Firm are only licensed in South Carolina, some of the attorneys are only licensed in North Carolina, and some of the attorneys with the firm are licensed in both jurisdictions.

ABC Law Firm would like to publish an advertisement in the phone directories for three North Carolina communities that are within commuting distance of ABC Law Firm's four North Carolina satellite offices. However, ABC Law Firm has no office nor is there an ABC attorney located in any of these communities. The advertisement will include the telephone numbers for each of the four North Carolina satellite offices as well as a toll free number for the firm. The advertisement will also list remote call forwarding telephone numbers under the names of the towns in which it has neither an office nor an attorney. A remote call forwarding telephone number appears to be a local telephone number because no area code must be dialed from the local community; if the phone number is called in the local community, the call is forwarded to a remote location.

The advertisement will also state that the firm has law offices in four North Carolina locations and three South Carolina locations and that both North Carolina and South Carolina attorneys are available through the firm. The names of individual attorneys in the firm will not be included in the advertisement, and there would also be no listing of jurisdictions in which the individual attorneys are licensed to practice. ABC Law Firm intends to only assign North Carolina licensed attorneys to North Carolina cases. Does the advertisement comply with the North Carolina Rules of Professional Conduct?

Opinion:

No. Rule 2.1 of the Rules of Professional Conduct prohibits false and misleading communications about a lawyer or the lawyer's services. Rule 2.1(a) describes a misleading communication as a communication that "contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading." It is misleading communication for a law firm to infer that it has an office or a lawyer located in a community when, in fact, there is no law office or lawyer for the firm present in the community. Listing what appears to be a local telephone number in an advertisement circulated in such a community, without including an explanation in the advertisement that the number is not a local telephone number and that there is no law office in that community, will mislead readers as to the actual location of the offices of ABC Law Firm.

It is not a violation of Rule 2.1 for ABC Law Firm to advertise in North Carolina communities even though some ABC lawyers are not licensed in North Carolina provided ABC Law Firm is registered with the North Carolina State Bar as an interstate law firm, the advertisement notes that the firm has locations in both North Carolina and South Carolina, and only North Carolina licensed lawyers handle North Carolina cases.