When a lawyer takes over a deceased attorney's files and wills, may he publish a newspaper notice telling the deceased attorney's clients how to reach him?

Plain-English summary

An attorney who had acquired the files of a deceased attorney from the deceased's widow and estate asked whether he could notify the deceased attorney's wills-and-files clients by placing a notice in one or more local newspapers with circulation in the primary area. The proposed notice would state the attorney's name, office address, telephone number, and office hours, and the fact that he had taken over the files and wills of the deceased attorney, so that the affected clients could contact him. The announcement was for notification purposes.

The attorney explained that he had previously written to the clients, but that fewer than half had received the notice because of incomplete, incorrect, or missing addresses and an inability to reach them through the local telephone directory.

The Committee concluded that an attorney who takes over the files of a deceased attorney has an obligation to contact the clients to be sure that their matters are properly taken care of, and that the proposed notice was proper.

Currency note

This opinion was issued in 1977, 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. The propriety of lawyer announcements was then governed by the announcement provisions of DR 2-102, which correspond in current New Jersey terms to the lawyer-communication rules, RPC 7.1 through 7.3. Treat this page as historical context, not current guidance.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 who inherits a deceased attorney's files advertise to find the clients?

A: Under this opinion, yes for notification. The Committee approved a newspaper notice stating the lawyer's name, address, hours, and the fact that he holds the deceased attorney's files, so affected clients can reach him.

Q: Why was a newspaper notice allowed here?

A: The lawyer had already written to the clients, but fewer than half received the letters because of bad or missing addresses. The Committee tied the notice to his obligation to contact the clients so their matters are properly handled.

Q: What was the lawyer's underlying duty?

A: The Committee said an attorney who takes over a deceased attorney's files has an obligation to contact the clients to be sure their matters are properly taken care of.

Background and rules framework

The opinion addressed an attorney's duty to reach the clients of a deceased lawyer whose files he had taken over, and the propriety of a newspaper notice for that purpose. The Committee did not cite a specific Disciplinary Rule in resolving the inquiry; lawyer announcements were then governed by DR 2-102, which corresponds in current New Jersey terms to the lawyer-communication rules RPC 7.1 through 7.3.

Citations and references

Rules of Professional Conduct:

• MR 7.1 / NJ RPC 7.1 (communications concerning a lawyer's services); lawyer announcements were governed by DR 2-102 at the time

See also

• NJ ACPE Op. 479: A Firm Continued in the Name of a Deceased Partner
• NJ ACPE Op. 384: Stopping Payment on a Closing Trust Check
• NJ ACPE Op. 417: Sharing a Law Library Without Becoming Associates

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp382-1.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.

100 N.J.L.J. 1125, December 8, 1977

OPINION 382

Successor to Deceased Attorney -
Publishing Notice to Contact Clients

An attorney who has acquired the files of a deceased attorney from his widow and estate inquires whether he may attempt to notify the deceased attorney's clients for wills and files by placing a notice in one or more local newspapers with circulation in the primary area. The proposed notice would state the attorney's name, office address and telephone number, office hours, and the fact that he has taken over the files and wills of the deceased attorney and that the affected clients could contact him concerning the same. The announcement would be for notification purposes.

The attorney has previously written to the clients with fewer than 50 percent receiving the notice, due to incomplete, incorrect or no addresses, and inability to make contact through the local telephone directory.

We are of the opinion that an attorney who takes over the files from a deceased attorney has an obligation to make contact with the clients to be sure that these matters are properly taken care of, and that the proposed notice is proper.