When a law firm writes a newsletter for a client to sell to the public, can the newsletter name the lawyer and firm who prepared it?
Apply this to your situation
This page answers the general question as of 1975. Ask about yours and see what the current New York Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A law firm prepared a newsletter on a legal subject for a client, a profit-making corporation, which the corporation distributed to others for a fee. The firm asked whether the newsletter could identify the lawyers who wrote it and name the firm they belong to. Quoting ABA Inf. 1021 (1968) on the tension between a lawyer's freedom to speak and educate and the profession's interest in avoiding self-aggrandizement, the committee concluded that an unembellished statement of authorship is permissible.
The committee's reasoning was that the publicity inherent in naming the author is outweighed by the legitimate purpose of identifying who wrote the publication. It drew on N.Y. State 287 (1973) and N.Y. State 283 (1973). The line the opinion drew was against promotion: the client could not market the newsletter by referring to the competence or experience of the firm or lawyer, advertise their ability or reputation, or state that they were specialists in the field.
The committee placed an affirmative duty on the firm and lawyer to see that all publicity about the newsletter met proper standards (N.Y. City 859 (1963); N.Y. State 283 (1973)). If those standards were met, a dignified statement that the newsletter was prepared by a named lawyer affiliated with a named firm was permissible under Canon 9, EC 2-2, 2-9, 2-10, 2-14, 9-6, and DR 2-101(A), 2-101(B), and 2-105(A).
Currency note
This opinion was issued in 1975, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009. Lawyer advertising rules were also reshaped by Bates v. State Bar of Arizona (1977) and later First Amendment decisions, and the current treatment of communications about a lawyer's services is in Rules 7.1 and 7.2. 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 Treat this page as historical context, not current guidance.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 firm put its name on a newsletter it ghostwrites for a client?
A: Under this opinion, yes. The committee allowed an unembellished statement naming the lawyer and the firm that prepared the newsletter, treating it as legitimate identification of the author rather than improper advertising.
Q: What kind of attribution crosses the line?
A: Per the opinion, anything that promotes the firm. The client could not refer to the competence or experience of the lawyer or firm, advertise their ability or reputation, or describe them as specialists in the field.
Q: Whose job is it to keep the attribution within bounds?
A: The committee placed an affirmative obligation on the firm and the lawyer to see that all publicity about the newsletter conformed to proper standards.
Background and rules framework
The opinion applied Canon 9 (avoiding the appearance of impropriety) and the then-current New York advertising and self-laudation rules, EC 2-2, 2-9, 2-10, 2-14, and 9-6, with DR 2-101(A) and (B) (publicity) and DR 2-105(A) (limitations on claiming a specialty). The closest current analogues are Rule 7.1 (communications about a lawyer's services, barring false or misleading statements) and Rule 7.2 (advertising).
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services)
- MR 7.2 (advertising)
- NY Canon 9; EC 2-2, 2-9, 2-10, 2-14, 9-6; DR 2-101(A), 2-101(B); DR 2-105(A)
Other opinions cited:
- ABA Inf. 1021 (1968): the tension between a lawyer's speech and avoiding self-touting
- N.Y. State 287 (1973); N.Y. State 283 (1973): permissible identification of a lawyer-author
- N.Y. City 859 (1963): duty to keep publicity within proper standards
See also
- NY State Bar Op. 403: Telephone-directory listing for a law firm
- NY State Bar Op. 411: Announcements to former-firm clients
Source
- Landing page: https://nysba.org/opinion-401/
What do the rules say today, for your facts?
This opinion is from 1975. Ezel checks the current New York Rules of Professional Conduct against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace