Can a North Carolina lawyer pay to be listed in a national internet directory of lawyers, and what must the listing say about licensure and specialty?

Plain-English summary

The opinion addressed a private company's planned internet site, the National Attorney Locator, an electronic directory listing lawyers nationwide, searchable by geographic location and practice area. Each listing would show the lawyer or firm name, a contact person, address, phone, fax, e-mail, and areas of practice, and lawyers would apply and pay a fee to be listed. The site stated it was a directory, not a referral service. The question was whether a lawyer may participate.

The opinion concluded that a lawyer may participate, provided the information in the listing is truthful and not misleading, citing Rule 2.1. To avoid misleading a user from another jurisdiction, the opinion concluded that the listing should indicate the jurisdictions in which the lawyer is licensed to practice and the geographic location of the lawyer's or firm's principal office, drawing on RPC 239.

On practice-area claims, the opinion concluded that Rule 2.5 prohibits communications implying that a lawyer is a specialist unless the lawyer is certified as a specialist by the North Carolina State Bar or an approved certifying organization, but that a lawyer who is not a certified specialist may indicate areas of concentration or interest in the directory listing.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 North Carolina lawyer pay to be listed in an online lawyer directory?

A: Yes. The opinion concluded that a lawyer may participate so long as the listing is truthful and not misleading under Rule 2.1.

Q: What should the listing say about where the lawyer is licensed?

A: The opinion concluded that, to avoid misleading users from other jurisdictions, the listing should indicate the jurisdictions where the lawyer is licensed and the location of the principal office.

Q: Can the listing say the lawyer specializes in an area?

A: Only if certified. The opinion concluded that Rule 2.5 bars implying specialist status without certification, but a non-certified lawyer may state areas of concentration or interest.

Background and rules framework

The opinion applied North Carolina's then-current Rule 2.1, requiring truthful and non-misleading communications about a lawyer's services (corresponding to Model Rule 7.1), and Rule 2.5 on communicating fields of practice and specialization (corresponding to Model Rule 7.4). It relied on RPC 239 for the duty to disclose licensure jurisdiction and office location in an internet listing.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.4 (communication of fields of practice and specialization)
• North Carolina Rule 2.1 and Rule 2.5

Other opinions cited:

• RPC 239: disclosure of licensure jurisdiction and principal-office location in internet listings

See also

• NC Ethics Op. 2000-3: responding to inquiries on a web message board
• NC Ethics Op. 2000-1: advertising a verdict record
• NC Ethics Op. 97 FEO 6: address and disclaimer on direct-mail solicitation

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-241/

Original opinion text

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

Inquiry:

A private company is developing an Internet site to be known as the National Attorney Locator. The site will contain an electronic directory of lawyers. The directory will include listings for lawyers from across the United States. These listings can be searched by lawyers' geographic location and areas of legal practice. Each listing will include the name of the lawyer or law firm, the name of a contact person at the firm, firm address, phone number, fax number, e-mail address, and areas of practice. Lawyers must apply and pay a fee to be listed on the directory. The Internet site will have a hypertext section on "Choosing an Attorney" which includes a statement that the National Attorney Locator is not a referral service but an electronic directory.

May a lawyer participate in a directory of lawyers on the Internet?

Opinion:

Yes, provided the information contained in the lawyer's listing is truthful and not misleading. Rule 2.1. To avoid misleading a user of the directory from another jurisdiction, the listing should indicate the jurisdictions in which the lawyer is licensed to practice law and the geographic location of the lawyer's or law firm's principal office. See RPC 239. Rule 2.5 prohibits communications implying that a lawyer is a specialist in an area of practice unless the lawyer is certified as a specialist by the North Carolina State Bar or a certifying organization approved by the State Bar. However, a lawyer who is not a certified specialist may indicate areas of concentration or interest in a listing on the directory.