Can a lawyer advertise services like tracing heirs for title clearance to the public, or announce that availability to other lawyers in a legal journal?

Plain-English summary

A New Jersey attorney asked whether he could advertise, in the New Jersey Law Journal or other papers, offering his services in tracing heirs in connection with the clearance of land titles.

The Committee concluded that such advertisement directed to the general public would clearly be improper under DR 2-101 and DR 2-105, so it could not be placed in "other papers" or otherwise directed to the public. It read the inquiry to also ask whether a professional announcement on the subject could be directed to other lawyers through the New Jersey Law Journal, and concluded that it could, so long as the announcement follows DR 2-105(A)(3): a lawyer available to act as a consultant to or associate of other lawyers in a particular branch of law may publish in legal journals a dignified announcement of that availability, without representing special competence or experience, with distribution to lawyers no more than once a calendar year, while legal-journal publication may be periodic.

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-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 services 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 Treat this page as historical context, not current guidance.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: Could the lawyer advertise heir-tracing services to the public?

A: No. The Committee said advertising directed to the general public would clearly be improper under DR 2-101 and DR 2-105.

Q: Could he announce the service to other lawyers instead?

A: Yes. Under DR 2-105(A)(3) he could publish in a legal journal a dignified announcement of his availability as a consultant or associate, with limits.

Q: What limits applied to the announcement to lawyers?

A: It could not represent special competence or experience, and could not be distributed to lawyers more than once in a calendar year, though it could be published periodically in a legal journal.

Background and rules framework

The opinion applied DR 2-101 (publicity) and DR 2-105 (availability and specialization) to a lawyer's proposed announcement of a niche service. In current New Jersey terms, lawyer communications about services are governed by RPC 7.1 and RPC 7.2.

Citations and references

Rules of Professional Conduct:

• DR 2-101 and DR 2-105(A)(3), 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

See also

• NJ ACPE Op. 257: A Lawyer's Biographical Sketch on Published Articles
• NJ ACPE Op. 244: A Lawyer Campaigning for Office in a Service Organization

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp242-1.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. 973, September 21, 1972

OPINION 242

Professional Announcement - Legal Service

A New Jersey attorney asks if he may properly advertise in the New Jersey Law Journal or other papers offering his services in tracing heirs in connection with the clearance of land titles.

It is our opinion that such advertisement directed to the general public would clearly be improper (DR 2-101 and 2-105). Hence, such advertising may not be placed in "other papers" or otherwise directed to the public. The inquiry, however, may be construed also to inquire as to whether a professional announcement on this subject may be directed to other lawyers through insertion in the New Jersey Law Journal. It is our opinion that it may, so long as the announcement follows the mandate of DR 2-105,(A) 3 which reads as follows:

A lawyer available to act as a consultant to or as an associate of other lawyers in a particular branch of law or legal service may distribute to other lawyers and publish in legal journals a dignified announcement of such availability, but the announcement shall not contain a representation of special competence or experience. The announcement shall not be distributed to lawyers more frequently than once in a calendar year, but it may be published periodically in legal journal.