May a New Jersey lawyer who moved to Florida and joined the Florida Bar publish an announcement in the New Jersey Law Journal that he now practices in Miami?

Plain-English summary

A New Jersey attorney moved to Florida, was admitted to the Florida Bar, and joined a local firm. He wished to publish an announcement in the New Jersey Law Journal that he was no longer practicing in New Jersey, had become a member of the Florida Bar, and had an office in Miami, similar to the announcements commonly published when an attorney opens or relocates an office in New Jersey. He still maintained New Jersey Bar membership and paid his Clients' Security Fund fee, and asked whether such an announcement would be unethical or be considered advertising.

The Committee looked to DR 2-102(A)(2), which permitted a brief professional announcement card stating new or changed associations or addresses and similar matters, mailed to lawyers, clients, former clients, friends, and relatives. It reviewed earlier announcement opinions (184, 242, and 283), none directly on point, and treatise commentary that an attorney admitted in a second state may announce opening an office there under the same restrictions applying to any office announcement, and that such announcements should appear only in a legal journal.

The Committee concluded the suggested announcement is not advertising but merely a formal announcement of the inquirer's present address and Florida Bar admission. It held that the announcement, limited to publication in the New Jersey Law Journal, does not infringe the Disciplinary Rules.

Currency note

This opinion was issued in 1975, before New Jersey's adoption of the 2004 revisions to the Rules of Professional Conduct, and predates both the 1984 replacement of the Disciplinary Rules by the RPCs and the line of First Amendment decisions, beginning with Bates v. State Bar of Arizona (1977), that reshaped lawyer advertising. The announcement-card concern then in DR 2-102(A)(2) is now treated under RPC 7.1 and RPC 7.5. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer announce in the New Jersey Law Journal that he moved out of state and joined another bar?

A: Under this opinion, yes. The Committee held that an announcement limited to publication in the New Jersey Law Journal does not infringe the Disciplinary Rules.

Q: Was the announcement treated as advertising?

A: No. The Committee concluded it was not advertising but a formal announcement of the inquirer's present address and his admission to the Florida Bar.

Q: Did the publication venue matter?

A: Yes. The opinion limited its approval to publication in the New Jersey Law Journal, consistent with the view that such announcements should appear only in a legal journal.

Background and rules framework

The opinion applied DR 2-102(A)(2) (brief professional announcement cards for new or changed associations and addresses) and noted R. 1:21-1's domicile/principal-office requirement for practicing in New Jersey. In current New Jersey terms, communications about a lawyer's services are governed by RPC 7.1 and RPC 7.5.

Citations and references

Rules of Professional Conduct:

• DR 2-102(A)(2) (professional announcement cards), as in effect 1975; now MR 7.1 / NJ RPC 7.1 and MR 7.5 / NJ RPC 7.5

Court rules:

• R. 1:21-1 (domicile or principal office required to practice in New Jersey)

Other opinions cited:

• NJ ACPE Opinion 184, 93 N.J.L.J. 497 (1970)
• NJ ACPE Opinion 242, 95 N.J.L.J. 973 (1972)
• NJ ACPE Opinion 283, 97 N.J.L.J. 362 (1974)

See also

• NJ ACPE Op. 382: A Successor to a Deceased Attorney Publishing Notice to Clients
• NJ ACPE Op. 307: A Foreign Attorney's Name in the Firm Name
• NJ ACPE Op. 522: Letterhead, Interstate Referral of Clients

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp306-1.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.

98 N.J.L.J. 462, May 22, 1975

OPINION 306

Publishing Commencement of Out-of-State Practice

A New Jersey attorney has moved to Florida, joining a local firm after being admitted to the Florida Bar. He desires to publish an announcement in the New Jersey Law Journal of the fact that he is no longer practicing in New Jersey, and has become a member of the Florida Bar and has an office in Miami, Florida. The announcement would be similar to the type commonly published in the New Jersey Law Journal when an attorney opens an office, or changes an address, in this State.

The inquirer still maintains membership in the New Jersey Bar, pays his annual fee to the Clients' Security Fund and considers himself to be an active member of the New Jersey Bar. Under R. 1:21-1, an attorney must be domiciled in New Jersey or have his principal office in New Jersey in order to practice in New Jersey. Would such an announcement be unethical or be considered as "advertising"?

DR 2-102(A)(2) of the New Jersey Code of Professional Responsibility provides:

(A) A lawyer or law firm shall not use professional cards, professional announcements cards, office signs, letterheads, telephone directory listings, law lists, legal directors listings, or similar professional notices, or devices, except that the following may be used if they are in dignified form:

(2) A brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional office of a lawyer or law firm, which may be mailed to lawyers, clients, former clients, personal friends and relatives. It shall not state biographical data except to the extent reasonably necessary to identify the lawyer or to explain the change in his association, but it may state the immediate past position of the lawyer. It may give the names and dates of predecessor firms in a continuing line of succession. It shall not state the nature of the practice except as permitted under DR 2-105.

This Committee recently considered public announcements in Opinion 184, 93 N.J.L.J. 497 (1970), Opinion 242, 95 N.J.L.J. 973 (1972) and Opinion 283, 97 N.J.L.J. 362 (1974), none of which deal directly with the problem presented.

Wise, Legal Ethics 155 (2d ed.) states:

An attorney practicing in one state may send an announcement of the opening of an office in another state if he is admitted in the second state, under the same restrictions, as those applying to the announcement of the opening of any office.

At page 164 it is stated that no announcement should be by publication in other than a legal journal.

Advertising by attorneys has been traditionally condemned. However, proper announcements are permitted. Drinker, Legal Ethics 213 (1963) makes this interesting comment of report by Dr. Johnson on solicitation by lawyers:

Boswell reports Dr. Johnson as having said, relative to the solicitation by lawyers, that he would refrain from it, "not because I should think it wrong but because I should disdain it.... However, I would not have a lawyer be wanting to himself in using fair means. I would have him to insert a little hint now and then, to prevent his being overlooked.

We do not believe the suggested announcement constitutes "advertising" but is merely a formal announcement of the inquirer's present address and that he is admitted to the Florida Bar.

It is our opinion that the announcement, limited to publication in the New Jersey Law Journal, does not infringe on the Disciplinary Rules of the Code of Professional Responsibility.