Can a lawyer let his name be listed under 'Lawyers' in a chamber of commerce business directory that urges readers to patronize its members?

Plain-English summary

The Committee was asked whether a listing of attorneys by name, address, and telephone number in a "Business, Professional and Industrial Directory and Map" customarily issued by a municipal chamber of commerce was consonant with Canons 27 and 43, in view of the Committee's Opinion 46. It reviewed correspondence and the directory itself.

The Committee recalled that in Opinion 46 it had stated that, since the booklet's purpose was in part for advertising, there was little doubt it would be improper for an attorney to permit his name to be listed. It then described this directory's promotional features: the cover read "Shop [municipality] First!" amid a chamber emblem and the words "Patronize Members Displaying This Emblem"; an inside page said "Patronize Your Neighbor"; the page listing attorneys under "Lawyers" carried the phrase "Your Friendly Local Merchants"; and another page said "Please Patronize Members Displaying This Insignia."

The Committee concluded that the listing in this directory fell within the condemnation of its Opinion 46 and was therefore professionally improper under Canon 27.

Currency note

This opinion was issued in November 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 Canons 27 and 43 of the former Canons of Professional Ethics, which 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 Treat this page as historical context, not current guidance.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 a lawyer be listed in this chamber of commerce directory?

A: No. The Committee held the listing was professionally improper under Canon 27, because the directory's purpose was promotional.

Q: What made this directory advertising rather than a neutral listing?

A: Its slogans. The Committee pointed to "Shop [municipality] First!", "Patronize Members Displaying This Emblem," "Patronize Your Neighbor," and "Your Friendly Local Merchants" as showing a promotional purpose.

Background and rules framework

The opinion applied Canons 27 and 43 of the former Canons of Professional Ethics, which restricted advertising and solicitation, and relied on the Committee's Opinion 46 condemning attorney listings in advertising-purpose directories. 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)
• Canon of Professional Ethics 43 (listings)

Other opinions cited:

• N.J. ACPE Opinion 46, 87 N.J.L.J. 449 (1964): attorney listing in an advertising-purpose booklet is improper

See also

• NJ ACPE Op. 298: Classified Listing in a Community Directory
• NJ ACPE Op. 219: Listing in a University Alumni Booklet
• NJ ACPE Op. 107: Advertising Specialized Legal Services (Tax Lien)

Source

• Landing page: https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp58-1.html

Original opinion text

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

87 N.J.L.J. 741
November 19, 1964

OPINION 58

Advertising
Chamber of Commerce Directory

Request is made for our opinion as to whether or not a listing of attorneys by name, address and telephone number in a "Business, Professional and Industrial Directory and Map" customarily issued by a chamber of commerce of a municipality "is consonant with the Canons of Professional Ethics (Canons 27 and 43) in view of N.J. Advisory Committee on Professional Ethics, Opinion 46, 87 N.J.L.J. 449 (1964)."

We have reviewed copies of certain correspondence and other material submitted with the inquiry as well as a copy of the directory itself.

In our Opinion 46 it was stated: "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... ."

There is printed on the cover page of the copy of the directory in question, amidst other wording "Shop (name of municipality) First!" There is also an emblem of the particular chamber of commerce printed on the cover page with the words: "Patronize Members Displaying This Emblem." Inside the booklet on the first page it is stated: "Patronize Your Neighbor." On the second page, which is where the attorneys' names, addresses and telephone numbers are listed under the subcaption "Lawyers," appears the phrase "Your Friendly Local Merchants." On the third page next to the chamber of commerce emblem it is stated: "Please Patronize Members Displaying This Insignia"

We conclude that the listing in this directory falls within the scope of the condemnation in our Opinion 46 and is, therefore, professionally improper. Canons of Professional Ethics, Canon 27.