Can a firm's announcement say that associating attorneys are with its 'Securities Law and Corporate Practice Department,' and may it be sent to lawyers?

Short answer Yes, to lawyers only. The opinion concluded that 'Securities Law and Corporate Practice' is a particular branch of law under Canon 46, so the inquirer may include that language in an announcement sent to New Jersey lawyers only.

Bar

NJACPE

Issued

July 9, 1970

Apply this to your situation

This page answers the general question as of 1970. Ask about yours and see what the current New Jersey Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: The Supreme Court of New Jersey has held that the Advisory Committee's published opinions are binding on the ethics committees that decide grievances (R. 1:19-6), and that a lawyer who does not follow one "does so at his peril" (Higgins v. Advisory Committee on Professional Ethics, 73 N.J. 123 (1977)). The Court can modify or vacate an opinion. 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

The inquirer asked whether a proposed announcement of the association of three attorneys with a law firm could state, after their names, that they "are associated with the firm in its Securities Law and Corporate Practice Department." The Committee referred to its Opinion 183, which had held that the language "J.D., LL.M. (in Taxation)" could be included in an announcement sent to lawyers only.

Applying the same framework, the Committee concluded that "Securities Law and Corporate Practice" is a particular branch of the law within the meaning of Canon 46 of the Canons of Professional Ethics. It therefore advised the inquirer that he may include the quoted language in an announcement that is sent to lawyers of this State only.

Currency note

This opinion was issued in July 1970, before New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), so the Committee was applying Canon 46 of the Canons of Professional Ethics and its own prior opinions. It also predates the 1984 Rules of Professional Conduct and all later revisions, and lawyer-advertising and field-of-practice rules changed substantially after the U.S. Supreme Court's decision in Bates v. State Bar of Arizona (1977) and later cases. The announcement and field-of-practice questions it addressed are now governed by RPC 7.1 and RPC 7.4. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a firm name a practice department in an announcement to lawyers?

A: Yes. The Committee held "Securities Law and Corporate Practice" is a particular branch of law under Canon 46, so the language may appear in an announcement sent to lawyers only.

Q: Could the announcement go to the general public?

A: No. The Committee limited it to an announcement sent to lawyers of New Jersey only.

Background and rules framework

The opinion applied Canon 46 of the Canons of Professional Ethics, building on Opinion 183, to permit naming a particular branch of law (securities and corporate practice) in an announcement directed to lawyers. In current New Jersey terms the analysis falls under RPC 7.1 and RPC 7.4.

Citations and references

Rules of Professional Conduct:

Canon 46, Canons of Professional Ethics (notices to other lawyers), as in effect 1970; now MR 7.1 / 7.4 and NJ RPC 7.1 / 7.4

Other opinions cited:

NJ ACPE Opinion 183, 93 N.J.L.J. 492 (1970)

Source

Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp184-1.html
Issuing authority: New Jersey Supreme Court Advisory Committee on Professional Ethics, via the NJ Courts Supreme Court Committees page

Original opinion text

Reproduced from a full-text mirror of the official opinion for research purposes. The linked official source controls.

93 N.J.L.J. 497, July 9, 1970

OPINION 184

Announcement to Lawyers - "Securities Law and Corporate Practice" Announcing Association with Foreign Attorneys

Inquiry is made as to whether a proposed announcement the association with a law firm of three attorneys may state after their names "are associated with the firm in its Securities Law and Corporate Practice Department."

The inquirer is referred to N.J. Advisory Committee on Professional Ethics, Opinion 183, 93 N.J.L.J. 492 (1970), wherein it was held that the language "J.D., LL.M. (in Taxation)" could be included in an announcement sent to lawyers only. We are of the opinion that "Securities Law and Corporate Practice" is a particular branch of the law within the meaning of Canons of Professional Ethics, Canon 46. Thus, we advise the inquirer he may include the quoted language in an announcement that is sent to lawyers of this State only.

What do the rules say today, for your facts?

This opinion is from 1970. Ezel checks the current New Jersey Rules of Professional Conduct against your situation and cites the rules it relies on.

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