Can a lawyer record a 900-number message giving general legal information and advertising his services, charge the line's owner, and share the call profits?
NY State Bar Ethics Opinion 625: Recorded legal messages and advertising on a 900 number
Short answer: The opinion concluded that a lawyer may record a 900-number message providing general legal information, may use such a message to advertise the lawyer's services if both the message and any promotion of it meet all advertising rules, may accept a fee from the nonlawyer owner of the 900 number for preparing the message, and may share the profits generated by calls to the number.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the New York State Bar Association's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. We do not reproduce the opinion text on this page; follow the linked source for the official text, which controls.
Plain-English summary
A lawyer asked about recording a message to be played on a 900 telephone number, the kind of pay-per-call line where the caller is charged. The four questions were whether the lawyer could record a message giving general information about an area of law, whether the message could advertise the lawyer's services, whether the lawyer could be paid by the nonlawyer owner of the 900 number for preparing the message, and whether the lawyer and the owner could share the profits from calls.
The committee answered all four yes. Lawyers may speak or write publicly on legal topics so long as they do not give individual advice (DR 2-104(E)), and the choice of medium does not matter, so a 900-number message is permitted; the lawyer should make clear the message is general information, not legal advice, and caution listeners not to solve individual problems with it (EC 2-5). Where the message invites the caller to seek further services, expressly or impliedly, it is an advertisement and must comply with all lawyer-advertising rules: no false, deceptive, or misleading statements (DR 2-101(A)); inclusion of the lawyer's name, office address, and telephone number (DR 2-101(K)); and filing a copy with the disciplinary committee of the appropriate judicial department (DR 2-101(F)). Because some callers will be unsophisticated, any promotion of the line must clearly disclose that the caller will be charged and will hear an advertising message of only general value.
On payment, the committee held the lawyer may accept a fee from the nonlawyer 900-number owner for preparing the message, whether or not it is an advertisement, analogizing to being paid to write an article or speak at a seminar. The lawyer may also share the profits the 900 number generates with its owner, finding no logical distinction from sharing book royalties. DR 3-102, which bars sharing legal fees with a nonlawyer, did not apply, because the owner was not sharing in any legal fees the lawyer might earn from clients obtained through the line.
Currency note
This opinion was issued in 1992, under New York's former Code of Professional Responsibility, which New York replaced with the Rules of Professional Conduct in 2009, and before the courts and bar substantially revised the lawyer-advertising rules. 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 record a 900-number message giving general legal information?
A: Yes. The committee held that a lawyer may deliver general legal information by a 900-number message under DR 2-104(E), provided the lawyer does not give individual advice and makes clear the message is general information, not legal advice.
Q: Can the message advertise the lawyer's services?
A: Yes, if the message and any promotion of it meet all lawyer-advertising rules, including no false or misleading content, the lawyer's name, address, and phone number, disclosure that the caller will be charged and will hear an advertisement, and filing with the disciplinary committee.
Q: Can the lawyer be paid by the nonlawyer line owner and share the call profits?
A: Yes. The committee held the lawyer may accept a fee from the nonlawyer owner for preparing the message and may share the profits from calls, because DR 3-102's bar on sharing legal fees with a nonlawyer does not reach 900-number revenue rather than client legal fees.
Background and rules framework
The opinion interpreted DR 2-104 (publishing legal information without giving individual advice) and DR 2-101 (advertising requirements and the bar on false or misleading claims), and addressed DR 3-102 (sharing legal fees with a nonlawyer), with EC 2-5. The closest Model Rule analogues are Rule 7.1 (communications about a lawyer's services), Rule 7.2 (advertising), and Rule 5.4 (a lawyer's professional independence and sharing fees with nonlawyers).
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services)
- MR 7.2 (advertising)
- MR 5.4 (professional independence; sharing fees with nonlawyers)
- NY DR 2-101; DR 2-104; DR 3-102; EC 2-5
Other opinions cited:
- N.Y. State 204 (1970-71): delivering legal information by cassette and other media
- N.Y. State 597 (1988-89): disclosure requirements and impermissible referral services
See also
- NY State Bar Op. 636: Selling standard will forms to the public
- NY State Bar Op. 640: Paralegal job titles on a firm's staff
- NY State Bar Op. 627: Giving a client a benefit to obtain its employment
Source
- Landing page: https://nysba.org/opinion-625/