Can a lawyer list his law-school graduation, bar admission, and new office in a university alumni booklet, and what may he list there?

Plain-English summary

A university published an alumni booklet containing current news of graduates arranged alphabetically, including information ranging from marriage to occupation and places of work, mailed only to graduates and not made available to the general public. A lawyer who was a graduate asked whether he could list that he had graduated from the law school in January 1971, that he had passed the February New Jersey bar examination, and that he was opening a law office for the general practice of law at a stated address.

The Committee concluded it would be improper for the inquirer to place any of that information in the booklet. It reasoned that under former Canon 27 of the Canons of Professional Ethics and under DR 2-102(A)(6) of the Disciplinary Rules of the Code of Professional Responsibility, biographical and informative data may be published in a reputable law list or legal directory, and a university alumni booklet is not an approved law list, citing its Opinion 30. Drawing on a consensus of bar-committee views summarized in Drinker, Legal Ethics 268 (1953), the Committee added that the inquirer may list only his name, address, and profession in the booklet, provided there is no charge for the listing, the booklet is published solely for alumni, his listing is the same as all other lawyers' without distinctive type or special designation, and there is no suggestion that the names are listed to solicit professional employment.

Currency note

This opinion was issued on October 28, 1971, shortly after New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), and it applies both former Canon 27 and DR 2-102. It 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 listing and advertising questions it addressed are now governed by RPC 7.2 and RPC 7.5. Treat this page as historical context, not current guidance.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 lawyer announce a new office or bar passage in an alumni publication?

A: No. The Committee held it improper to list graduation, bar passage, or the opening of a law office in the alumni booklet, which is not an approved law list.

Q: What may a lawyer list in an alumni booklet?

A: Only his name, address, and profession, and only if there is no charge, the booklet is for alumni alone, his listing matches every other lawyer's with no special type or designation, and there is no suggestion the names are listed to solicit employment.

Q: Why is an alumni booklet treated differently from a law list?

A: Because, in the Committee's view, an alumni booklet is not an approved law list within the meaning of Canon 27 and DR 2-102(A)(6), which permit biographical data only in a reputable law list or legal directory.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics and DR 2-102(A)(6) of the Code of Professional Responsibility, distinguishing an approved law list or legal directory from a general alumni publication. In current New Jersey terms the listing and advertising questions fall under RPC 7.2 and RPC 7.5.

Citations and references

Rules of Professional Conduct:

• Former Canon 27, Canons of Professional Ethics; DR 2-102(A)(6), Code of Professional Responsibility; now MR 7.2 / 7.5 and NJ RPC 7.2 / 7.5

Other authorities:

• Drinker, Legal Ethics 268 (1953)

Other opinions cited:

• NJ ACPE Opinion 30, 87 N.J.L.J. 106 (1964)

See also

• NJ ACPE Op. 238: Advertising Legal Services for Low-Income Persons
• NJ ACPE Op. 222: Political Use of a Lawyer's Letterhead

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp219-1.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. 997, October 28, 1971

OPINION 219

Advertising Alumni Booklet

A university publishes an alumni booklet containing current news of graduates located alphabetically, including information "ranging from marriage to occupation and places of work." It is mailed only to graduates of the university and is not made available to the general public. An attorney-at-law who is a graduate of the university inquires if he may ethically list the following information in the booklet: (a) That I have graduated from (name) School of Law in January of 1971. (b) That I have passed the February New Jersey Bar Examination and/or

(c) That I am opening a law office for the general practice of law at (stated address).

Former Canon 27 of the Canons of Professional Ethics provided that "Publication in reputable law lists in a manner consistent with the standards of conduct imposed by these Canons of brief biographical and informative data is permissible." The Disciplinary Rules of the Code of Professional Responsibility, DR 2-102(A)(6) provide that "A listing in a reputable law list or legal directory giving brief biographical and other informative data" may be used. A university alumni booklet is not an approved law list. Thus, in our opinion, it would be improper for the inquirer to place any of the information listed above in the booklet. See N.J. Advisory Committee on Professional Ethics, Opinion 30, 87 N.J.L.J. 106 (1964).

Although the Canons of Professional Ethics are silent concerning the listing of the name, address and occupation of a lawyer in any roster except an approved law list, the American Bar Association, Committee on Professional Ethics and other committees on professional ethics of several state bar associations have approved the dignified identification of a lawyer, as a lawyer, in directories of law schools, fraternities, bar associations, etc., subject to specified conditions. In 1953 a consensus of the views expressed by these various committees was summarized in Drinker, Legal Ethics 268 (1953) in the following language:

Law schools, fraternities, service clubs, and bar associations may publish rosters, registers, catalogs, or lists of their members, with their names, addresses, and occupations, which are not law lists, where no charge is made for listing and there is no suggestion that the names of lawyers are listed as probably available for professional employment, or to promote, solicit, or secure professional employment.

We are of the opinion that the inquirer may list only his name, address and profession in the university alumni booklet provided there is no charge made for the listing, the booklet is published solely for the use of the alumni, his listing is the same as all other lawyers therein, without distinctive type or special designation of any kind, and there is no suggestion that the names are listed for the purpose of soliciting professional employment.