Can a board-certified legal specialist advertise using variations of the official specialty designations rather than the exact wording?

Short answer The opinion concluded that a board-certified specialist may use variations of the official designations so long as the variations are not false, misleading, or deceptive, because nonmisleading variations are constitutionally protected commercial speech.

Bar

NCSB

Issued

July 15, 1988

Apply this to your situation

This page answers the general question as of 1988. Ask about yours and see what the current North Carolina Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Opinions adopted under North Carolina's earlier rules (the "RPC" series, 1985-1997, and the "CPR" series, 1974-1985) are binding unless overruled (27 N.C.A.C. 1D .0101(j)). Formal ethics opinions since 1997 are issued by the State Bar Council to give guidance and to establish principles of ethical conduct. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

Attorney A was certified as a legal specialist in bankruptcy law by the North Carolina State Bar Board of Legal Specialization. The Board's standards listed various official designations that board-certified specialists could use in advertising. The inquiry asked whether Attorney A could use any variation of those official designations.

The opinion answered yes. So long as the variations are not false, misleading, or deceptive, their use does not violate the Rules of Professional Conduct. The opinion grounded this in the United States Supreme Court's holding that the use of nonmisleading variations of official designations for specialists is protected by the First Amendment, citing In re R.M.J., 455 U.S. 191, 205 (1982).

Currency note

This opinion was issued in 1988, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct, and the rules governing communication of specialization have changed since. 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 Treat this page as historical context, not current guidance.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: Must a certified specialist use the exact official designation in advertising?

A: No. The opinion concluded the specialist may use variations of the official designations.

Q: What is the limit on those variations?

A: The opinion concluded the variations must not be false, misleading, or deceptive.

Q: What supported allowing nonmisleading variations?

A: The opinion concluded that nonmisleading variations of official specialist designations are protected by the First Amendment, citing In re R.M.J.

Background and rules framework

The opinion did not cite a numbered Rule of Professional Conduct; it applied the general standard that lawyer advertising must not be false, misleading, or deceptive, and relied on the First Amendment protection for nonmisleading commercial speech recognized in In re R.M.J. The North Carolina State Bar Board of Legal Specialization's standards supplied the official designations at issue.

Citations and references

Cases:

In re R.M.J., 455 U.S. 191, 205 (1982), nonmisleading variations of specialist designations are constitutionally protected

Source

Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-43/

Original opinion text

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

Inquiry:

Attorney A has been certified as a legal specialist in bankruptcy law by the North Carolina State Bar Board of Legal Specialization. The Board's standards list various official designations which board certified specialists may use in advertising. May Attorney A use any variation of these official designations?

Opinion:

Yes. So long as the variations are not false, misleading or deceptive, use of such variations does not violate the Rules of Professional Conduct. The United States Supreme Court held that use of nonmisleading variations of official designations for specialists is protected by the First Amendment in In re RMJ, 455 U.S. 191, 205 (1981).

What do the rules say today, for your facts?

This opinion is from 1988. Ezel checks the current North Carolina Rules of Professional Conduct against your situation and cites the rules it relies on.

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