Can a lawyer let a novelist client name a lawyer character in a novel after the lawyer?

Plain-English summary

A New Jersey attorney's client, an author of fictional novels, asked permission to use the attorney's name for a character, a lawyer, in a novel being written. The attorney had not read the manuscript but asserted his name would not be that of a central character, and that he had not asked the writer to use his name.

The Committee identified DR 2-101 as governing, particularly DR 2-101(A), which bars a lawyer from preparing, causing to be prepared, using, or participating in the use of any form of public communication containing professionally self-laudatory statements calculated to attract lay clients, where "public communication" expressly includes a book. The Committee concluded that the inquirer should not grant his author-client permission to use his name unless he first makes certain that he will not be violating the Disciplinary Rules, and particularly DR 2-101(A).

Currency note

This opinion was issued in 1971, before New Jersey's adoption of the 2004 revisions to the Rules of Professional Conduct, and predates the 1984 replacement of the Disciplinary Rules by the RPCs. Lawyer-publicity restrictions of this kind were substantially changed after Bates v. State Bar of Arizona, 433 U.S. 350 (1977), and later rule revisions; lawyer communications are now governed by RPC 7.1. Treat this page as historical context, not current guidance.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 let a novelist name a character after him?

A: Under this opinion, only after the lawyer makes certain it would not violate the publicity rule, DR 2-101(A), against self-laudatory communication calculated to attract clients.

Q: Does it matter that the character is minor and the lawyer did not ask for it?

A: The Committee still put the burden on the lawyer to confirm no violation; it did not treat the minor role or lack of request as automatically curing the concern.

Background and rules framework

The opinion applied DR 2-101(A), which then defined "public communication" to include a book, to a lawyer's name appearing in fiction. In current New Jersey terms, lawyer communications are governed by RPC 7.1.

Citations and references

Rules of Professional Conduct:

• DR 2-101(A), as in effect 1971; now MR 7.1 / NJ RPC 7.1

Cases:

• Bates v. State Bar of Arizona, 433 U.S. 350 (U.S. 1977), holding (after this opinion) that blanket bans on lawyer advertising violate the First Amendment

See also

• NJ ACPE Op. 257: A Lawyer's Biographical Sketch on Published Articles
• NJ ACPE Op. 222: Political Use of a Law Firm's Letterhead

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp225-1.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. 1206, December 23, 1971

OPINION 225

Using Attorney's Name in Novel

This Committee has received an inquiry from a New Jersey attorney who has a client who is an author of fictional novels. The author-client has asked the inquirer for permission to use his name for one of the characters in a fictional novel presently being written. The fictional character who will bear the name of the inquirer will be a lawyer in the novel. The inquirer has not read the manuscript, but asserts that his name in the novel will not be that of a central character. The inquirer further asserts that he has not requested the writer to use his name.

This inquiry is presently governed by the Disciplinary Rules of the Code of Professional Responsibility adopted by our Supreme Court, as of September 13, 1971, particularly DR 2-101:

(A) A lawyer shall not prepare, cause to be prepared, use, or participate in the use of, any form of public communication that contains professionally self-laudatory statements calculated to attract lay clients; as used herein, 'Public Communication' includes, but is not limited to, communication by means of television, radio, motion picture, newspaper, magazine, or book.

In our opinion, the inquirer should not grant his author-client permission to use his name unless he first makes certain that he will not be violating the Disciplinary Rules of the Code of Professional Responsibility, and particularly DR 2-101(A).