Can a New Jersey lawyer who is also a CPA list that credential, or advertise as 'Financial,' in a yellow-pages directory listing?

Plain-English summary

An attorney asked whether he could advertise in the classified (yellow) pages of the New Jersey Bell directories, under "Counselor At Law," a listing that included membership in the New Jersey Society of CPAs and the American Association of Attorney-CPAs, "Federal & State Taxes," "Estate planning," "Financial," "Wills & Trusts," "Administration of Estates," and "Corporations." The Committee prefaced its answer by stating that it does not purport to approve advertising, and noted that the Supreme Court had amended the Disciplinary Rules on publicity and advertising effective April 1, 1979.

On the CPA references, the Committee relied on its recent Opinion 447, which had held that a lawyer could not designate on a letterhead that he is also a CPA, citing DR 2-102(D). That rule provides that a lawyer engaged both in the practice of law and another profession or business shall not so indicate on a letterhead, office sign, or professional card, nor identify himself as a lawyer in any publication in connection with the other profession or business. The Committee held that all references to CPA membership in the proposed advertising were prohibited by DR 2-102(D) and Opinion 447.

The Committee was also troubled by the designation "Financial," asking what it means. It observed the word could be read as "investment adviser," "money lender," "mortgage broker," "debt consolidator," and many other things, and that whatever meaning is attached, it does not fall into any category identified with the practice of law and is misleading and ambiguous. The Committee held that the designation, standing alone, should not appear in any advertising because it could easily be considered misleading or deceptive and something that might reasonably be expected to induce reliance by a member of the public, within DR 2-101(A) and (B)(2) and (3); it was therefore prohibited.

Currency note

This opinion was issued in 1980, 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. It applied the 1979 advertising amendments to the Disciplinary Rules (DR 2-101, DR 2-102); New Jersey's lawyer-advertising and field-of-practice rules now appear at RPC 7.1 and RPC 7.4, and the law of lawyer advertising changed substantially after this opinion. 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: Could a lawyer who is also a CPA advertise that fact in a phone directory?

A: No. The opinion held that all references to CPA membership in the proposed listing were prohibited by DR 2-102(D) and Opinion 447, which barred indicating a second profession in connection with the law practice.

Q: Why was the word "Financial" rejected?

A: The Committee found it ambiguous (it could mean investment adviser, money lender, mortgage broker, debt consolidator, and more), identified with no field of law practice, and therefore misleading and prohibited under DR 2-101.

Q: Did the opinion approve the rest of the listing?

A: The Committee expressly stated it does not purport to approve advertising; it ruled only that the CPA references and the standalone "Financial" designation were prohibited.

Background and rules framework

The opinion applied the 1979 amendments to New Jersey's advertising rules. DR 2-101 barred advertising that is false, misleading, deceptive, or that would induce unjustified reliance, and DR 2-102(D) barred a lawyer who also practices another profession from indicating that second profession in connection with the law practice. In current New Jersey terms, the truthful-advertising principle corresponds to RPC 7.1 and the field-of-practice rule to RPC 7.4. The Committee's holding was that the CPA credential could not be advertised and that "Financial," standing alone, was an impermissibly misleading designation.

Citations and references

Rules of Professional Conduct:

• MR 7.1 / NJ RPC 7.1 (communications concerning a lawyer's services)
• MR 7.4 / NJ RPC 7.4 (communication of fields of practice)
• DR 2-101 (publicity), DR 2-102(D) (dual profession) (as in effect 1980)

Other opinions cited:

• NJ ACPE Opinion 447, 105 N.J.L.J. 119 (1980) (lawyer may not designate CPA status on letterhead)

See also

• NJ ACPE Op. 468: Advertising in Various Forms
• NJ ACPE Op. 457: Advertising a Fee Discount for Members of a Large Group

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp453-1.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.

105 N.J.L.J. 362, April 24, 1980

OPINION 453

Attorneys' Listing Financial Specialties in Telephone Book

An attorney asks whether it is permissible to advertise in the classified (yellow) pages of the forthcoming New Jersey Bell Telephone directories, under his name, the designation Counselor At Law: "Members N.J. Society CPA's and American Association Attorney CPA's Federal & State Taxes Estate planning Financial Wills & Trusts Administration of Estates Corporations."

This Committee does not purport to approve advertising. Our Supreme Court amended the Disciplinary Rules as of April 1, 1979 with respect to Publicity and Advertising. See DR 2-101, 102 in particular; but also see DR 2-103, 105. However, because many members of the bar may be unfamiliar with these new rules, we did pass upon the question whether it was permissible to designate on a lawyer's letterhead that he is also a C.P.A. We held that he could not do so and cited, inter alia, DR 2-102(D), which reads as follows: A Lawyer who is engaged both in the practice of law and another profession or business shall not so indicate on his letterhead, office sign, or professional card nor shall he identify himself as a lawyer in any publication in connection with his other profession or business. See our Opinion 447, 105 N.J.L.J. 119 (1980). In the present inquiry, all references in the proposed advertising to C.P.A. Membership are prohibited by that rule and Opinion 447.

We are also troubled by the designation "Financial". What does it mean? It could be interpreted variously to mean "investment adviser," "money lender," "mortgage broker," "debt consolidator," and many other things. Regardless of the meaning attached to the word, it clearly does not fall into any category identified with the practice of law, and is misleading and ambiguous. We, therefore, hold that the designation, standing alone, should not appear in any advertising. It could easily be considered to be misleading or deceptive and something which might reasonably be expected to induce reliance by a member of the public within the purview of DR 2-101(A), and (B)(2) and (3). It is therefore prohibited.