Can a bar association publish a consumer legal directory of lawyers for distribution to the public?
Apply this to your situation
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.
Plain-English summary
The committee was asked whether a state, county, or local bar association may publish a consumer law directory intended for wide public distribution to non-lawyers. It analyzed the question under DR 2-102(A)(6), which permits lawyers and firms a dignified listing in a reputable law list or legal directory giving brief biographical and other informative data, but only where both the directory and its contents satisfy all of DR 2-102's requirements. The committee quoted the rule's list of permitted data (name and firm, address and telephone, fields of practice, dates and places of admission, schooling, public offices, memberships, and the like) and its standard that a law list is not reputable if its management or contents are likely to be misleading or injurious to the public or the profession.
The committee noted that the American Bar Association had amended DR 2-102(A)(6) in February 1976 to expressly authorize listings in directories published by state, county, or local bar associations, but that New York had not adopted those amendments. It reviewed ABA Informal opinions 1312 (1975) and 1363 (1976), which distinguished law lists from legal directories, applied the reputability test, and observed that there is no restriction on who may publish or distribute a reputable law list or legal directory.
Although the New York Code did not contain the specific language referring to bar-association directories, the committee held that such associations are in no way forbidden from publishing a law list intended for wide public distribution, so long as the list conforms to the standards of DR 2-102(A)(6). To the extent the information is specifically authorized by that rule and is not misleading, its publication and distribution to consumers or the public would be proper.
Currency note
This opinion was issued in 1976, before Bates v. State Bar of Arizona (1977) constitutionalized lawyer advertising and before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 (lawyer advertising and listings are now governed by Rule 7.1 and Rule 7.2). The Code's detailed restrictions on permitted listing content have since been substantially narrowed. 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 bar association publish a directory of lawyers for the public?
A: Under this opinion, yes. The committee held a state, county, or local bar association may publish a law list for wide public distribution if it conforms to DR 2-102(A)(6).
Q: What may such a directory contain?
A: The committee held the listing may include only the data authorized by DR 2-102(A)(6), such as name, firm, address, fields of practice, admission and schooling, and memberships, and must not be misleading.
Q: Did New York follow the ABA's 1976 amendment expressly allowing bar directories?
A: The committee noted New York had not adopted the ABA amendments, but held bar-association directories were nonetheless permissible under the existing DR 2-102(A)(6) standards.
Background and rules framework
The opinion applies DR 2-102 and in particular DR 2-102(A)(6) (dignified listings in reputable law lists and legal directories, with a defined set of permitted content and a reputability standard). The current Model Rule analogues are Rule 7.1 (communications about a lawyer's services) 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 DR 2-102, DR 2-102(A)(6)
Other opinions cited:
- ABA 318 (1967): firm names
- ABA Informal 1312 (1975); ABA Informal 1363 (1976): law lists, legal directories, and reputability
See also
- NY State Bar Op. 487: Advertising identifying areas of practice
- NY State Bar Op. 1007: Advertising a best-lawyers listing
- NY State Bar Op. 1005: Misleading superlatives in lawyer advertising
Source
- Landing page: https://nysba.org/opinion-452/
Get today's answer for your situation
You just read a 1976 opinion on this question. Ezel checks the current New York Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.