Can a lawyer belong to a Chamber of Commerce and let his name be listed in a booklet the Chamber publishes for advertising?

Plain-English summary

The Committee considered two questions: whether it is ethically proper for an attorney to be a member of a Chamber of Commerce, and whether he may permit his name to be listed in a booklet sponsored by the organization. The inquirer supplied a copy of the Chamber's invitation to list in the booklet, which made clear that it was a source of advertisement for subscribers, with statements such as "We are sure you will want to be listed... since it will be very advantageous to all of us."

The Committee restated that generally any type of advertising by a lawyer was prohibited under Canon 27, that the profession's ethics forbid a lawyer to advertise his talents as a shopkeeper advertises his wares. At the same time, it said attorneys should not be discouraged from participating in civic affairs, clubs, or organizations engaged in good-faith civic, community-betterment, philanthropic, educational, or public-service work, and concluded that an attorney may properly be a member of a Chamber of Commerce.

The Committee added that such membership must be maintained consistently with the ethics of the profession. Because the booklet's purpose was, at least in part, for advertising, it concluded there was little doubt it would be improper for an attorney to permit his name to be listed in the booklet, citing several of its prior opinions applying Canon 27.

Currency note

This opinion was issued in July 1964, before New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), and well before the 1984 Rules of Professional Conduct and all later revisions. It applied Canon 27 of the former Canons of Professional Ethics, which broadly restricted lawyer advertising; those restrictions were later reshaped by constitutional decisions on lawyer advertising and by RPC 7.1 and 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 Treat this page as historical context, not current guidance.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 attorney join a Chamber of Commerce?

A: Yes. The Committee held that an attorney may properly be a member of a Chamber of Commerce, reasoning that lawyers should not be discouraged from participating in civic and community organizations.

Q: Could he be listed in the Chamber's booklet?

A: No. Because the booklet's purpose was, at least in part, advertising, the Committee concluded it would be improper for an attorney to permit his name to be listed, under Canon 27.

Q: What showed the booklet was for advertising?

A: The Chamber's invitation to list, which said being listed would be "very advantageous to all of us" and offered an opportunity to inform people of what was available in the municipality.

Background and rules framework

The opinion applied Canon 27 of the former Canons of Professional Ethics, which prohibited lawyer advertising, while recognizing that civic membership itself was permissible. The constitutional and rule landscape governing lawyer advertising changed substantially after this opinion; current New Jersey advertising rules appear in RPC 7.1 and 7.2.

Citations and references

Rules of Professional Conduct (as in effect at the time):

• Canon of Professional Ethics 27 (advertising and solicitation)

Cases:

• People v. McCabe, 18 Colo. 186, 32 P. 280 (Sup. Ct. 1893), a lawyer may not advertise as a shopkeeper advertises wares

Other opinions cited:

• N.J. ACPE Opinions 10, 16, 21, 23, and 30: application of Canon 27 to lawyer advertising

See also

• NJ ACPE Op. 58: Listing in a Chamber of Commerce Directory
• NJ ACPE Op. 219: Listing in a University Alumni Booklet
• NJ ACPE Op. 298: Classified Listing in a Community Directory

Source

• Landing page: https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp46-1.html

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

87 N.J.L.J. 449
July 16, 1964

OPINION 46
Advertising
Chamber of Commerce Booklet

Is it ethically proper for an attorney to be a member of a Chamber of Commerce? May he permit his name to be listed in a booklet sponsored by the organization?

The attorney who submitted the second question provided a copy of a Chamber of Commerce announcement or invitation to list in the booklet or publication which makes it clear that it was a source of advertisement for the subscribers. For example, a part of the invitation read, "We are sure you will want to be listed... since it will be very advantageous to all of us"; also, "Here's an opportunity for all of us to inform . of what is available ..." in the municipality.

Generally any type of advertising by a lawyer is prohibited. Canons of Professional Ethics, Canon 27; N.J. Advisory Committee on Professional Ethics, Opinion 21, 86 N.J.L.J. 734 (1963). The ethics of the legal profession forbid an attorney to advertise his talents or his skill as a shopkeeper advertises his wares. People v. McCabe, 18 Colo. 186, 32 P. 280 (Sup. Ct. 1893).

Attorneys should not in any way be discouraged from participating in civic affairs, civic clubs, organizations or societies engaged in good faith in civic or community betterment or in philanthropic, educational or other public service. Accordingly, an attorney may properly be a member of a Chamber of Commerce.

However, such membership should always be maintained consistently with the ethics of the profession. Since it appears that the purpose of the booklet sponsored by the Chamber of Commerce referred to in the instant inquiry was in part, at least, for advertising purposes, there is little doubt that it would be improper for an attorney to permit his name to be listed in the booklet. N.J. Advisory Committee on Professional Ethics, Opinions 10, 86 N.J.L.J. 719 (1963); 16, 86 N.J.L.J. 734 (1963); 23, 87 N.J.L.J. 19 (1964); and 30, 87 N.J.L.J. 106 (1964), amply demonstrate the effect of Canon 27.