Could a Nebraska firm publish a local newspaper notice announcing that another lawyer had joined it?
Apply this to your situation
This page answers the general question as of 1972. Ask about yours and see what the current Nebraska Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer wanted to place a public notice in local newspapers stating that another lawyer had become associated with the firm.
Former DR 2-101(B) prohibited a lawyer from publicizing the lawyer, a partner, or an associate through newspaper or magazine advertising, broadcast announcements, directory displays, or other commercial publicity except as permitted by DR 2-103.
The committee found the rule directly controlling and the listed exceptions irrelevant to the inquiry. It therefore rejected the proposed newspaper notice.
Currency note
This opinion was issued in 1972, before Nebraska's adoption of the 2005 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 Treat this page as historical context, not current guidance.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.
Common questions
Q: What event did the lawyer want to announce?
A: Another lawyer's association with the firm.
Q: What medium did the opinion address?
A: A public notice in local newspapers.
Q: Did the committee find an applicable exception?
A: No. It described the former Code's exceptions as irrelevant to the inquiry.
Background and rules framework
Former DR 2-101(B) broadly restricted commercial publicity concerning lawyers, partners, and associates, subject to exceptions under DR 2-103.
Citations and references
Former Nebraska Code of Professional Responsibility:
- DR 2-101(B)
- DR 2-103
See also
- Nebraska Ethics Op. 76-1: New-office announcements
- Nebraska Ethics Op. 95-2: Newsletter advertisement label
- Nebraska Ethics Op. 73-11: Office sharers' firm name
Source
- Landing page: Nebraska lawyer ethics opinions archive
- Original PDF: Nebraska Ethics Advisory Opinion 72-10
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Nebraska Ethics Advisory Opinion for Lawyers No. 72-10
A LAWYER INQUIRES AS TO WHETHER OR NOT IT
WOULD BE PERMISSIBLE TO PUT A PUBLIC NOTICE IN
THE LOCAL NEWSPAPERS STATING THE FACT OF THE
ASSOCIATION OF MR. _ WITH THE FIRM. THE
QUESTION WHICH HE RAISES IS COMPLETELY
COVERED AND ANSWERED BY DR 2-101(B) OF THE
NEW CODE OF PROFESSIONAL RESPONSIBILITY WHICH
IS AS FOLLOWS:
"A lawyer shall not publicize himself, his partner, or associate as a lawyer through newspaper or magazine advertisements, radio or television announcements, display advertisements in city or telephone directories, or other means of commercial publicity, nor shall he authorize or permit others to do so in his behalf except as permitted under DR 2-103." (emphasis supplied)
Certain exceptions follow which are not germane to the
inquiry.
In view of the above quoted provision of the Disciplinary
Rules, it would seem that the answer to this inquiry
should be in the negative. In other words, the
publication of a notice in the local newspapers such as
he suggests appears to be prohibited under the Code.
Nebraska Ethics Advisory Opinion for Lawyers No. 72-10
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