Can a law school alumni association publish a directory of its lawyer graduates by location and practice area and answer phone inquiries about it?

Plain-English summary

A university law school's alumni association asked two questions: whether it could publicize to the general university alumni a directory of law graduates cross-referenced by geography and "legal specialty," and whether it could answer occasional telephone inquiries for the names of lawyers practicing in certain areas or locales by supplying information from the directory.

On the directory, the committee said that, subject to a caveat, the association may publicize it to the general alumni provided both the directory's contents and the advertising of it conform to DR 2-101. It noted it had previously approved publication of a similar directory for the general public by a bar association (N.Y. State 452 (1976)), and that the specific rule that had governed such directories (DR 2-102(A)(6)) was later repealed, leaving them subject only to the general advertising provisions. The caveat was that DR 2-105(B) bars a lawyer from holding himself out as a "specialist" unless certified by a competent authority, and because no such certification system then existed in New York, a New York lawyer could not be listed as a "specialist." Under DR 2-105(A), lawyers may publicly identify the areas of law in which they practice, so the committee directed that the directory avoid all reference to "specialties" and instead list particular "areas of law."

On the telephone inquiries, the committee concluded that "occasional" provision of information from the directory does not make the association a "lawyer referral service" within DR 2-103(C) and (D), and is therefore permissible. It cautioned that the association must not invite such inquiries by advertising or other means, and that if answering inquiries became a regular and material function, the rules requiring bar association approval of a lawyer referral service could become applicable. Both questions were answered in the affirmative.

Currency note

This opinion was issued in 1984, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 (advertising now appears at Rules 7.1 and 7.2, and the limits on claiming to be a specialist or certified at Rule 7.4). New York's advertising and specialization rules have changed since this opinion. 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: May a law school alumni association publish a directory of its lawyer graduates?

A: Yes. The committee held the association may publish and publicize the directory if its contents and advertising conform to the advertising rules (DR 2-101).

Q: Can a New York lawyer be listed as a "specialist" in such a directory?

A: No. The committee held that, absent a certification system in New York, a lawyer may not be listed as a "specialist"; the directory should instead list the areas of law in which the lawyer practices.

Q: Does answering phone inquiries from the directory make the association a lawyer referral service?

A: Not if it is only occasional. The committee held that occasional responses are permissible, but the association must not advertise for inquiries, and a regular, material referral function could bring it within the referral-service rules.

Background and rules framework

The opinion applied DR 2-101 (publicity), DR 2-102 (professional notices and listings), DR 2-103(C) and (D) (lawyer referral services), and DR 2-105 (limitations on identifying fields of practice and claiming specialization). The closest current Model Rule analogues are Rule 7.1 (communications concerning a lawyer's services), Rule 7.2 (advertising), and Rule 7.4 (communicating fields of practice and certification).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.2 (advertising)
• MR 7.4 (communication of fields of practice and certification)
• NY DR 2-101; DR 2-102; DR 2-103(C), (D); DR 2-105(A), (B)

Cases:

• Matter of Zimmerman, 79 A.D.2d 263 (4th Dept. 1981), on holding out as a specialist

Other opinions cited:

• N.Y. State 452 (1976): approval of a bar association directory for the general public
• N.Y. State 487 (1978): identifying areas of practice

See also

• NY State Bar Op. 563: Advertising a discount from customary fees
• NY State Bar Op. 565: Marketing-firm solicitation and fee sharing
• NY State Bar Op. 566: Advertising paid third-party endorsements

Source

• Landing page: https://nysba.org/opinion-559/