Can a lawyer publish a notice in a bar journal asking other lawyers with similar cases to get in touch?
Apply this to your situation
This page answers the general question as of 1976. Ask about yours and see what the current New York Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee was asked whether an attorney representing the estate of a victim of Legionnaires' disease may publish, in the New York State Bar Association Journal or Newsletter, a notice inviting other attorneys representing victims of the disease to communicate with him. It concluded the notice would not be improper.
The committee reasoned that the difficulties of pursuing such an action, given the medical and legal questions involved, furnished sufficient reason for the attorney to consult other lawyers representing victims, and that such discussions presumably would promote his client's interests. It relied on N.Y. State 124 (1970), which had stated that when a client's interest will be served by enlisting the cooperation of others similarly situated, an attorney may solicit or participate in soliciting that cooperation, provided his motive is not to benefit himself (citing N.Y. County 632 (1974); N.Y. City 717 (1948)).
The committee added that the problems of solicitation and of suggesting the need for legal services were substantially minimized because the inquiring attorney proposed to limit his communication to other members of the bar (DR 2-103, DR 2-104).
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 (advertising and payment for recommendations are now governed by Rule 7.2 and solicitation by Rule 7.3). 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 Treat this page as historical context, not current guidance.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 lawyer place a notice in a bar journal seeking lawyers with similar cases?
A: Under this opinion, yes. The committee held such a notice is permissible where it serves the client's interest, and the solicitation concern is minimized by limiting it to the bar.
Q: What makes the notice proper rather than improper solicitation?
A: The committee held the lawyer's motive must be to serve the client rather than himself (N.Y. State 124), and that confining the communication to other lawyers substantially reduces any solicitation concern under DR 2-103 and DR 2-104.
Background and rules framework
The opinion applies DR 2-103 and DR 2-104 (then-applicable limits on solicitation and recommending professional employment), holding that a notice directed only to the bar to coordinate similarly situated clients does not run afoul of them. The current Model Rule analogues are Rule 7.2 (advertising) and Rule 7.3 (solicitation of clients).
Citations and references
Rules of Professional Conduct:
- MR 7.2 (advertising)
- MR 7.3 (solicitation of clients)
- NY DR 2-103, DR 2-104
Other opinions cited:
- N.Y. State 124 (1970): soliciting cooperation of similarly situated parties to serve a client
- N.Y. County 632 (1974); N.Y. City 717 (1948)
See also
- NY State Bar Op. 499: Communicating with potential class members
- NY State Bar Op. 1227: Targeted email to prospective class-action plaintiffs
- NY State Bar Op. 458: A law firm newsletter prepared by others
Source
- Landing page: https://nysba.org/opinion-449/
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