Ezel / Ethics Opinions / NYSBA
NYSBA July 23, 1976

Can a lawyer feed the press a news story about a lawsuit he filed, or publicize his role in a case?

Short answer: The opinion concluded that a lawyer should not instigate a news story highlighting his own involvement in a case, because that is indirect self-advertising; publicity genuinely in the client's interest (such as in a class action or to find witnesses) may be justified, ideally without the lawyer's name to avoid the appearance of solicitation.

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This page answers the general question as of 1976. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.

Currency note: this opinion is from 1976
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee was asked whether a lawyer may advise the press about the filing of a lawsuit, referring solely to the contents of the filed summons and complaint.

It explained that a lawyer may assist in publishing a news story containing his name and identification as a lawyer where that information is a normal incident to the matter reported (N.Y. State 119 (1969); N.Y. State 67 (1968)), but may not use such publicity as an indirect method of self-laudation or of advertising his stature and availability to secure employment. The committee quoted Matter of Connelly, 18 A.D.2d 466 (1st Dept. 1963), which held that deliberately fostering self-interested, laudatory publicity through a news medium constitutes indirect advertising and a violation. Because motivation is hard to establish and the line between a bona fide contribution to a news item and publicity for personal benefit is thin, and because even the appearance of impropriety should be avoided, the committee advised that a lawyer should refrain from inspiring a newspaper story highlighting his involvement (N.Y. State 324 (1974)).

The committee recognized exceptions where publicity serves the client: to elicit evidentiary information or the names of witnesses, a lawyer may publish an advertisement, but to avoid suspicion of solicitation should omit his name and address and direct replies to a post office box or telephone number. Likewise, in a class action it may serve the client to obtain the cooperation of similarly situated persons, and a lawyer may endeavor to do so (N.Y. City 717 (1948)), though the committee, following N.Y. State 124 (1970), noted such solicitation should ordinarily be handled by the client rather than the attorney, and pointed to DR 2-104(A)(5), under which a lawyer may accept but not seek class-action employment from those contacted for joinder. Unless justified by such special circumstances, a lawyer should not instigate a news story about his matter; propriety turns on his apparent motivation, the facts, and the tenor of the article. The committee also flagged DR 7-107(G) on extrajudicial statements disseminated by public communication.

Currency note

This opinion was issued in 1976, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009, and before Bates v. State Bar of Arizona (1977) and later decisions reshaped lawyer advertising and trial-publicity rules. Trial publicity is now addressed by Rule 3.6 and communications about a lawyer's services by Rule 7.1. Subsequent rule amendments and decisions have substantially changed this area. 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 tell the press about a lawsuit he just filed?

A: Under this opinion, a lawyer may assist a news story where his identification is a normal incident to the matter, but should not instigate a story highlighting his own involvement, which the committee treated as indirect advertising.

Q: When is publicity about a case acceptable?

A: Per the opinion, publicity genuinely serving the client, such as eliciting evidence or witnesses or, in a class action, the cooperation of similarly situated persons, may be justified by the circumstances.

Q: How can a lawyer publicize for the client without crossing into solicitation?

A: The committee advised omitting the lawyer's name and address from any such advertisement and directing replies to a post office box or telephone number, and noted that class-action outreach should ordinarily be handled by the client (DR 2-104(A)(5)).

Citations and references

Rules of Professional Conduct:

  • MR 3.6 (trial publicity)
  • MR 7.1 (communications concerning a lawyer's services)
  • NY DR 2-101; DR 2-104(A)(5); DR 7-107(G)

Cases:

  • Matter of Connelly, 18 A.D.2d 466, 240 N.Y.S.2d 126 (1st Dep't 1963), self-interested publicity as indirect advertising

Other opinions cited:

  • N.Y. State 119 (1969); N.Y. State 67 (1968): lawyer's name as a normal incident of a news report
  • N.Y. State 124 (1970); N.Y. City 717 (1948): client-driven solicitation of similarly situated persons in litigation

See also

Source

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