OHBPC 1987-12-18

Under the former Ohio Code of Professional Responsibility, could a lawyer send a professional announcement card about a new firm association to commercial banks, savings and loans, and realtors with whom the lawyer had no specific prior contacts?

Short answer: The Board concluded that under former DR 2-102(A)(2) and DR 2-105(A)(5), a lawyer could send a brief professional announcement card stating a new or changed association to banks, savings and loans, and realtors that were not established clients; the announcement could state that the practice consisted largely of, or was limited to, a field or fields of law, but could not claim or imply special competence or experience.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original ethics opinion (PDF)

Ohio BPC Opinion 87-034: Sending Professional Announcement Cards to Banks, Savings and Loans, and Realtors Who Are Not Established Clients

Short answer: The Board concluded that under former DR 2-102(A)(2) and DR 2-105(A)(5), a lawyer could send a brief professional announcement card stating a new or changed firm association to commercial banks, savings and loans, and realtors, even where the recipients were not established clients. The announcement could state that the practice consisted largely of, or was limited to, a field or fields of law, but could not claim or imply special competence or experience.

Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Ohio Board of Professional Conduct'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. The opinion text is reproduced at the bottom; the official source (linked) controls.

View original opinion

Currency note

The Board's status list flags this opinion as a CPR Opinion providing advice under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. The status list also notes subsequent rule amendments to DR 2-102 (eff. Dec. 1, 1995) and DR 2-105 (eff. Jan. 1, 1993). Treat this page as historical context, not current guidance. Verify against current rules (Ohio Prof. Cond. R. 7.1 and R. 7.4) before acting.

Plain-English summary

A lawyer asked whether he could send announcement cards about his recent association with a local firm to commercial banks, savings and loans, and realtors with whom he had no prior specific contacts. The Board read former DR 2-102(A)(2), which permitted a brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional offices of a lawyer or firm, in dignified form, and not stating the nature of the practice except as permitted under DR 2-105.

The Board concluded that the lawyer could send the announcement cards to the named groups. The Board read former DR 2-105(A)(5) as permitting the announcement to state that the practice consisted in large part of, or was limited to, a field or fields of law, but as prohibiting any claim or implication of special competence or experience in a field of law.

Common questions

Q: Could the announcement be sent to non-clients?

A: Yes. The Board read former DR 2-102(A)(2) as permitting brief professional announcement cards to recipients other than established clients, including banks, savings and loans, and realtors.

Q: Could the announcement describe the lawyer's practice areas?

A: Yes, but only as permitted by former DR 2-105(A)(5): the announcement could state that the practice consisted largely of, or was limited to, a field or fields of law. It could not claim or imply special competence or experience.

Citations and references

Rules of Professional Conduct:

Former DR 2-102(A)(2), Ohio Code of Professional Responsibility
Former DR 2-105(A)(5), Ohio Code of Professional Responsibility

Source

Landing page: https://ohioadvop.org/advisory-opinion-index/
Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-87-034.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 87-034
December 18, 1987

[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]

[Not Current-subsequent rule amendments to DR 2-102, eff. Dec. 1, 1005; DR 2-105, eff. Jan. 1, 1993.]

SYLLABUS: A lawyer or law firm may ethically send out announcement cards which state new or changed associations. Nothing in the Code of Professional Responsibility precludes sending such an announcement to businesses such as banks, savings and loans, and realtors which are not established clients. The announcement may state that the lawyer's or firm's practice consists largely of, or is limited to a field or fields of law. The announcement should not claim or imply special competence or experience in a field of law.

OPINION: We have before us your request for our opinion on whether you may send an announcement of your recent association with a local law firm to commercial banks, savings and loans and realtors in your area. You state that these are establishments with which you have had no specific contacts.

In regard to announcement cards, DR 2-102 (A) (2) of the Code states:

A lawyer or law firm may use or participate in the use of professional cards, professional announcement cards, office signs, letterheads, or similar professional notices or devices, that are in dignified form and comply with the following:

. . . A brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional offices of a lawyer or law firm. It shall not state the nature of the practice except as permitted under DR 2-105.

Therefore, you may ethically send out cards announcing your association with a law firm to the groups specified in your request letter and above.

The announcement may, under DR 2-105 (A) (5) state that your practice consists in large part or is limited to a field of fields of law. You may not, however, claim or imply special competence or experience in a field of law. Code of Professional Responsibility DR 2-105(A) (5).

In conclusion, it is our opinion, and you are so advised, that you may, under the Code of Professional Responsibility, send out announcement cards to banks, savings and loans and realtors stating your new association with a law firm. You may not claim or imply special competence or expertise in a field of law but may state your practice consists largely of, or is limited to a field of law.

This is an informal, non-binding advisory opinion, based upon the facts as presented and limited to questions arising under the Code of Professional Responsibility.

James W. Mason, Esq.
Secretary, Board of Commissioners
On Grievances and Discipline