Ezel / Ethics Opinions / NELAC

Could a Nebraska lawyer who also worked as an abstracter identify as a lawyer in abstracting trade advertisements?

Short answer No. The opinion treated identifying the abstracter as a lawyer in trade-journal or similar advertising as prohibited commercial publicity, with no applicable exception.
Bar
NELAC
Issued
1972
Source
View Original PDF

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.

Disclaimer: Advisory only. Not binding precedent.
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 as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The inquiry asked whether a lawyer engaged in abstracting could identify as a lawyer in advertisements for that business in trade journals or similar publications.

Former DR 2-101(B) prohibited a lawyer from publicizing the lawyer or firm through newspaper, magazine, broadcast, directory, or other commercial publicity except as permitted under DR 2-103.

The committee concluded that none of DR 2-103's exceptions applied to the proposed abstracting advertisements and answered the inquiry in the negative.

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 Treat this page as historical context, not current guidance.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 business did the lawyer propose to advertise?

A: Abstracting services.

Q: What identification did the opinion prohibit?

A: Identifying the abstracter as a lawyer in trade-journal or similar advertisements.

Q: Did the committee find a DR 2-103 exception?

A: No. It said none applied to the stated situation.

Background and rules framework

Former DR 2-101(B) prohibited specified forms of commercial lawyer publicity and referred to limited exceptions under DR 2-103. The committee treated the proposed dual-business identification as directly prohibited.

Citations and references

Former Nebraska Code of Professional Responsibility:

  • DR 2-101(B)
  • DR 2-103

See also

Source

Original opinion text

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

Nebraska Ethics Advisory Opinion for Lawyers No. 72-11

INQUIRY HAS BEEN MADE AS TO WHETHER OR NOT IT
IS ETHICAL FOR AN ABSTRACTER WHO IS A LAWYER TO
IDENTIFY HIMSELF AS A LAWYER IN ADVERTISEMENTS
PLACED IN TRADE JOURNALS OR SIMILAR
PUBLICATIONS.

So doing is in direct violation of DR 2-101(B) of the
Code of Professional Responsibility reading in part 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. . ."

The exceptions contained in DR 2-103 have no
application to the situation described in the present
inquiry, hence, the answer must be in the negative.

Nebraska Ethics Advisory Opinion for Lawyers No. 72-11

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