Can a lawyer whose LL.B. was converted to a J.D. list both degrees in advertising?

Plain-English summary

The committee was asked whether a lawyer who had been awarded a J.D. in replacement of a previously earned LL.B. could display or publicize both degrees at once. It answered no.

The opinion noted the then-common practice of law schools substituting J.D.s for earlier LL.B.s, often retroactively with a new diploma. However the schools handled it, all considered their graduates to have earned only one degree, so no graduate could properly claim two. The recently amended DR 2-101(C)(1) permitted a lawyer to publicize education, degrees, and other scholastic distinctions, but the committee read "degrees" as preserving the earlier concept of an "earned degree" from repealed DR 2-102(F). It relied on N.Y. State 105(a) (1969), which had allowed a substituted J.D. to count as an earned degree but never sanctioned simultaneous use of both, and on N.Y. City 876 (1971), which warned lawyers not to suggest a J.D. or the title "Doctor" reflected study or expertise beyond the traditional LL.B.

The committee said there was no legitimate reason to refer to both degrees except to explain the substitution, and even then the lawyer had to avoid implying the substitution signaled greater merit (comparing N.Y. State 105(a); Okla. Op. 277; Fla. Ops. 68-28 and 68-9). The recent Canon 2 amendments did not change this; to the extent the new rules expressly condemned misleading statements and puffery, they reinforced it (DR 2-101(A), (B)). The question was answered in the negative.

Currency note

This opinion was issued in 1978, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 (false or misleading communications about a lawyer's services are now governed chiefly by Rule 7.1). 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 Treat this page as historical context, not current guidance.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 list both an LL.B. and a J.D. that replaced it?

A: Under this opinion, no. The committee held that because a graduate earned only one degree, the lawyer may publicize one but not both.

Q: Can the lawyer ever mention both degrees?

A: Only to explain the substitution, and even then the lawyer must avoid creating the impression that the J.D. reflects greater merit or additional study than the original LL.B.

Q: Why did the committee treat listing both as improper?

A: Because claiming two earned degrees would be misleading and amount to the kind of puffery and self-laudation that DR 2-101(A) and (B) prohibit.

Background and rules framework

The opinion interprets DR 2-101(A), (B), and (C)(1) on advertising content and publicizing degrees, read against the repealed "earned degree" provision of DR 2-102(F). The current Model Rule analogue is Rule 7.1 (communications concerning a lawyer's services, barring false or misleading statements).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• NY DR 2-101(A), (B), (C)(1)

Other opinions cited:

• N.Y. State 105(a) (1969): a substituted J.D. is an earned degree, but both may not be used at once
• N.Y. City 876 (1971): a J.D. or "Doctor" title must not imply study beyond the traditional LL.B.
• N.Y. State 487 (1978): the post-Bates revision of the Canon 2 advertising rules

See also

• NY State Bar Op. 487: Advertising areas of practice and experience
• NY State Bar Op. 494: Stating a CPA license on letterhead

Source

• Landing page: https://nysba.org/opinion-488/