Can a law firm put its firm name or the partners' names on a Christmas or other seasonal greeting card?

Plain-English summary

A law firm asked whether it could print or otherwise set forth its business name on a greeting card, such as a Christmas card, proposing alternatives like using the firm name without stating that it is a law firm, or listing the full names of the partners.

The Committee found the question thoroughly answered by a series of ABA Committee on Professional Ethics opinions summarized in ABA Formal Opinion 309 (1963), and saw no reason to differ with its headnote. That headnote provides that Christmas cards and other seasonal greetings should never be sent in the firm name or by an individual in his capacity as an attorney and should not refer to the sender's profession, except as they may picture lawyers, judges, or symbols of the legal profession in a holiday context, and that they should not be sent to clients or other lawyers as such but only to those with whom a personal relationship with the sender exists. The Committee noted that the issue arises under Canon 27 of the Canons of Professional Ethics, which prohibits advertising.

Currency note

This opinion was issued in March 1971, before New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), so the Committee was applying Canon 27 of the Canons of Professional Ethics and an ABA opinion. It also predates the 1984 Rules of Professional Conduct and all later revisions, and lawyer-advertising law changed substantially after the U.S. Supreme Court's decision in Bates v. State Bar of Arizona (1977) and later cases. The advertising questions it addressed are now governed by RPC 7.1 and RPC 7.2. Treat this page as historical context, not current guidance.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 law firm send Christmas cards in its firm name?

A: No. The Committee adopted the ABA's view that seasonal greetings should never be sent in the firm name or in an attorney capacity.

Q: Who may a lawyer send holiday greetings to?

A: Only those with whom the sender has a personal relationship, not clients or other lawyers as such.

Q: Can the card mention that the sender is a lawyer?

A: It should not refer to the sender's profession, except as it may picture lawyers, judges, or symbols of the legal profession in a holiday context.

Background and rules framework

The opinion applied Canon 27 of the Canons of Professional Ethics (prohibiting advertising), adopting the standards summarized in ABA Formal Opinion 309 (1963) for seasonal greeting cards. In current New Jersey terms the analysis falls under RPC 7.1 and RPC 7.2.

Citations and references

Rules of Professional Conduct:

• Canon 27, Canons of Professional Ethics (advertising), as in effect 1971; now MR 7.1 / 7.2 and NJ RPC 7.1 / 7.2

Other opinions cited:

• ABA Committee on Professional Ethics, Formal Opinion 309 (1963)

See also

• NJ ACPE Op. 219: A Lawyer's Listing in a University Alumni Booklet
• NJ ACPE Op. 222: Political Use of a Lawyer's Letterhead
• NJ ACPE Op. 238: Advertising Legal Services for Low-Income Persons

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp200-1.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.

94 N.J.L.J. 225, March 25, 1971

OPINION 200

Advertising - Christmas Cards

A law firm inquires whether it may print or otherwise set forth its business name on a greeting card, e.g. Christmas card, proposing various alternate methods such as using the firm name without stating that it is a law firm, listing the full names of the partners, etc.

This question, in all of its dimensions, has been thoroughly answered by a series of opinions of the American Bar Association, Committee on Professional Ethics summarized in Formal Opinion 309 (1963). After thorough analysis, we find no reason to differ with the conclusions expressed in the headnote to that opinion which reads as follows:

Christmas cards and other seasonal greetings should never be sent in the firm name or by an individual in his capacity as an attorney and should not refer to the sender's profession, except as they may picture lawyers, judges, or symbols of the legal profession in a holiday context. They should not be sent to clients or other lawyers as such but only to those with whom a personal relationship with the sender exists.

Of course, the issue involves Canons of Professional Ethics, Canon 27, which prohibits advertising. Those interested in the rationale, as well as reference to pertinent authorities, will refer to the full text of A.B.A. Opinion 309.