When a lawyer leaves government service to return to private practice, what can the announcement card say?

Short answer The opinion concluded such announcements must follow the professional-notice rules: a brief card may give new or changed associations or addresses to lawyers, clients, former clients, friends, and relatives, but it may not state the nature of the practice except as the specialization rule allows.

Bar

NJACPE

Issued

March 30, 1972

Apply this to your situation

This page answers the general question as of 1972. 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 Supreme Court referred to the Committee certain announcements sent by lawyers leaving state service to enter private practice. The Committee observed that there had been a tendency to send announcements that plainly violated the former Canons of Professional Ethics and now violated the Disciplinary Rules adopted as part of the court rules on September 13, 1971.

The Committee identified DR 2-101 (publicity in general) and DR 2-102 (professional notices, letterheads, offices, and law lists) as delimiting where lawyers may bring their names to public attention. It pointed to DR 2-102(A)(2), under which a brief professional announcement card giving new or changed associations or addresses may be mailed to lawyers, clients, former clients, personal friends, and relatives, but "shall not state the nature of the practice except as permitted under DR 2-105." DR 2-105, in turn (referring to DR 2-102(A)(6), not applicable here), lists the specialty areas a lawyer may hold himself out in publicly.

Currency note

This opinion was issued in 1972, 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-announcement and advertising 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 about practice 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: Who may receive a return-to-practice announcement card?

A: Under DR 2-102(A)(2) as the opinion read it, lawyers, clients, former clients, personal friends, and relatives.

Q: Can the card describe what kind of law the returning lawyer will practice?

A: No, except as the specialization rule (DR 2-105) permits; the Committee stressed the card "shall not state the nature of the practice."

Background and rules framework

The opinion applied DR 2-101 and DR 2-102 (and the DR 2-105 specialty reference) to announcements by lawyers returning from government service. In current New Jersey terms, lawyer communications are governed by RPC 7.1 and RPC 7.2.

Citations and references

Rules of Professional Conduct:

DR 2-101, DR 2-102(A)(2), and DR 2-105, as in effect 1972; now MR 7.1 / 7.2 and NJ RPC 7.1 / 7.2

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

Source

Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp235-1.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.

95 N.J.L.J. 271, March 30, 1972

OPINION 235

Return to Practice Announcements

The Supreme Court has referred to this Committee for opinion certain announcements sent by lawyers who are leaving state service to engage in the practice of law. In recent years, there has been a tendency to send out announcements which plainly are in violation of the Canons of Professional Ethics and which now violate the Disciplinary Rules of the Code of Professional Responsibility which our Supreme Court adopted and made a part of the Rules Governing the Courts on September 13, 1971.

DR 2-101 (Publicity in General) and DR 2-102 (Professional Notices, Letterheads, Offices, and Law Lists) now delimit specifically the areas in which lawyers may send out announcements, public notices and otherwise bring their names to public attention.

DR 2-102(A)(2) states that a brief professional announcement card giving new or changed associations or addresses may be mailed to lawyers, clients, former clients, personal friends and relatives, but it "shall not state the nature of the practice except as permitted under DR 2-105." The latter section, which in turn makes reference to DR 2-102(A)(6) (not here applicable), lists areas of specialty concerning which a lawyer may hold himself out publicly.

What do the rules say today, for your facts?

This opinion is from 1972. Ezel checks the current New Jersey Rules of Professional Conduct against your situation and cites the rules it relies on.

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