Can a lawyer join a group radio advertisement that gives no lawyer name or contact information and instead directs listeners to an agent?

Plain-English summary

A lawyer wants to participate in a group radio advertisement in which the lawyer's name and contact information would not be broadcast; instead, listeners would be told to call or visit the website of an agent who would, exercising no discretion, give the lawyer's name, address, and telephone number to any listener who identified himself as a New York resident. The inquirer asks whether that format complies with N.Y. State 597 (1989), which allowed lawyers to participate in group television advertisements aimed at people with particular legal problems.

The opinion explains that N.Y. State 597 permitted group advertising only where the advertisement itself presents, in a meaningful fashion, the names of the participating lawyers along with their addresses and assigned geographical areas, so the potential client knows the identity of the lawyer to whom the call will be referred and the agent exercises no discretion in referrals. The opinion then turns to Rule 7.1(h), which continues nearly verbatim the prior court-rule requirement: "All advertisements shall include the name, principal law office address and telephone number of the lawyer or law firm whose services are being offered."

Applying Rule 7.1(h), the opinion concludes the proposed radio advertisement falls short, because it does not present that information in the advertisement; the agent supplies it only on request. That does not meet the "meaningful fashion" standard of N.Y. State 597, so Rule 7.1(h) prohibits the arrangement. The opinion acknowledges the practical effect: this conclusion precludes group radio advertising for groups of more than a few lawyers, because a radio spot, unlike a scrolling television ad, cannot broadcast lengthy lists. The opinion observes that Rule 7.1(h) is clear and that permitting such ads would require amending the rule, and it urges the State Bar and the courts to give an amendment serious attention. The opinion answers the question in the negative.

In practice

Under the New York rule as it stood at the time of the opinion, a lawyer could not join a group radio advertisement that withheld the lawyer's name, principal office address, and telephone number and routed listeners to an agent for that information; Rule 7.1(h) required those details in the advertisement itself. The opinion holds this effectively rules out group radio advertising for more than a few participating lawyers, and notes that changing the result would require a rule amendment.

Common questions

Q: Can a lawyer join a group radio ad that doesn't broadcast the lawyer's name and contact information?

A: No. The opinion concludes that Rule 7.1(h) prohibits a group radio advertisement that omits the lawyer's name, principal office address, and telephone number from the advertisement itself.

Q: Why doesn't directing listeners to an agent satisfy the rule?

A: The opinion concludes that having an agent provide the information on request does not present it "in a meaningful fashion" in the advertisement, as N.Y. State 597 required and as Rule 7.1(h) demands.

Q: Does this effectively bar most group radio advertising?

A: The opinion recognizes that, as a practical matter, its conclusion precludes group radio advertising for groups of more than a few lawyers, because a radio spot cannot broadcast lengthy lists, and it urges consideration of a rule amendment.

Background and rules framework

The opinion interprets New York Rule 7.1(h), part of New York's advertising rule (closest Model Rule analogue MR 7.2, advertising), which requires every advertisement to include the name, principal law office address, and telephone number of the lawyer or firm whose services are offered. The opinion reads Rule 7.1(h) as continuing the prior Appellate Division court-rule requirement and applies it to a group radio format, building on the group-advertising framework of N.Y. State 597 (1989).

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising)
• NY Rule 7.1(h) (advertisement must include the lawyer's name, principal office address, and telephone number)

Other opinions cited:

• N.Y. State 597 (1989): conditions for participating in group television advertisements

See also

• NY State Bar Op. 848: Attorney newsletters, advertisements, and disclaimers about prior results
• NY State Bar Op. 851: Using a law firm photograph in a newspaper advertisement
• NY State Bar Op. 883: Attorney advertisement using a fictitious law firm

Source

• Landing page: https://nysba.org/ethics-opinion-839/