Could an Ohio lawyer be listed in a legal directory or law list, and could that listing describe the lawyer as a specialist?

Ohio BPC Opinion 88-004: Listing a Lawyer in a Legal Directory or Law List

Short answer: The Board concluded that a lawyer could ethically be listed in a legal directory or law list, which it treated as a form of advertising under former DR 2-101, so long as the listing was not false, fraudulent, misleading, or deceptive; but the lawyer could not be listed as a specialist, because former DR 2-105 barred holding oneself out publicly as a specialist except in patent, trademark, and admiralty.

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

This opinion was issued in 1988 under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. The Board's status list also flags subsequent amendments to DR 2-101 (1993) and DR 2-105 (effective January 1, 1993). Treat this page as historical context, not current guidance. Verify against the current Ohio Rules of Professional Conduct (including Ohio Prof. Cond. R. 7.1, 7.2, and 7.4) before relying on any specific rule mentioned here.

Plain-English summary

The Board addressed two requests about law lists and legal directories: one a directory in a domestic-relations book for non-lawyers, listing attorneys by city with address and phone number at a flat fee and without representing them as specialists, and one an attorney asking about being listed in a national referral directory that lists firms by specialty. The Board recounted that the Code's specific law-list provision (former DR 2-102(A)(6)) had been deleted in 1977 under antitrust pressure, so law lists are now treated as another form of lawyer advertising.

The Board concluded that law lists are a legitimate form of advertising and therefore subject to former DR 2-101: a lawyer could be listed so long as the listing contained no false, fraudulent, misleading, or deceptive statement or claim, as defined in DR 2-101(C). The Board added that a lawyer could not allow his name to appear in a law list that stated or implied the listed lawyers were specialists, because former DR 2-105 barred holding oneself out publicly as a specialist except in patent, trademark, and admiralty. A lawyer could state that his practice consisted in large part of, or was limited to, a field of law, but could not claim or imply special competence through the term "specialize" or otherwise.

Common questions

Q: Could a lawyer pay to be listed in a legal directory?

A: Yes. The Board treated law lists as advertising under former DR 2-101 and concluded a lawyer could be listed so long as the listing was not false, fraudulent, misleading, or deceptive.

Q: Could the listing call the lawyer a specialist?

A: No. Under former DR 2-105, a lawyer could not hold himself out publicly as a specialist except in patent, trademark, or admiralty. A lawyer could say his practice was limited to a field but could not claim special competence.

Background and rules framework

The opinion applies former DR 2-101 (advertising and the false-or-misleading standard) and former DR 2-105 (limits on claiming specialization) of the Ohio Code of Professional Responsibility, noting the 1977 deletion of the Code's prior law-list provision. The current parallels are Ohio Prof. Cond. R. 7.1, 7.2, and 7.4, and Model Rules 7.1, 7.2, and 7.4.

Citations and references

Rules of Professional Conduct:

• Former DR 2-101(A), (B), and (C), Ohio Code of Professional Responsibility
• Former DR 2-105(A)(5), Ohio Code of Professional Responsibility
• Former DR 2-102(A)(6) (1969), the deleted law-list provision

Other authorities cited:

• Wolfram, Modern Legal Ethics 775 (1986): treatment of law lists as advertising

See also

• Ohio BPC Opinion 1988-001: Law Firm Newsletters to Established Clients
• Ohio BPC Opinion 1987-039: NBTA Certification on Letterhead

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-88-004.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 88-4
Issued: April 25, 1988

[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 2-101, eff. Jan. 1, 1993 and Aug. 16, 1993; DR 2-105, eff. Jan. 1. 1993.]

SYLLABUS: A lawyer may ethically be listed in a legal directory or law list provided the listing does not contain a false, fraudulent, misleading, or deceptive statement or claim. With the exception of patent, trademark and admiralty lawyers, a lawyer shall not hold himself out publicly as a specialist. A lawyer may state that his practice consists in large part or is limited to a field or fields of law but may not claim or imply special competence or experience in a field of law through use of the term "specialize" or otherwise.

OPINION: We have before us two separate requests for advisory opinions which relate to law lists or legal directories. The first request concerns the inclusion of a legal directory in a domestic relations book published for use by non-lawyers. The legal directory will list attorneys by cities and include their address and telephone number, but will not represent that the attorneys are specialists in domestic relations law. The listed attorneys will be billed directly by the publisher at a flat rate for the listing.

The second request concerns an attorney who inquires whether submitting his name and eventually being listed in a national referral directory, which lists law firms by specialties, is a violation of the Code of Professional Responsibility.

Until 1977 there was a specific provision in the Code which related to law lists. Code of Professional Responsibility DR 2-102(A)(6) (1969). The Code "originally regulated lawyer advertising in law lists by limiting its approval by a special committee of the ABA." Wolfram, Modern Legal Ethics 775 (1986). Any reference to law lists was deleted from the Code under the threat of antitrust suits. Id. Law lists or legal directories are now treated as another form of lawyer advertising. Id.

Regarding law lists in general, it is our opinion that they are a legitimate form of advertising and therefore subject to DR 2-101. A lawyer may publish information in written or printed material distributed to consumers through the mail or otherwise. Code of Professional Responsibility DR 2-101(B). However, a lawyer shall not participate in the use of any form of communication containing a false, fraudulent, misleading, or deceptive statement or claim. Code of Professional Responsibility DR 2-101(A).

Based upon these provisions, a lawyer may ethically be listed in a legal directory or law list provided the listing does not contain any false, fraudulent, misleading, or deceptive statement or claim. The Code states that a communication is false or misleading if it:

1. [c]ontains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

2. [i]s likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Code of Professional Responsibility or other law; or

3. [i]s subjectively self-laudatory, or compares a lawyer's services with other lawyers' services, unless the comparison can be factually substantiated.

Code of Professional Responsibility DR 2-1O1(C).

Therefore, a lawyer may ethically be listed in a legal directory or law list as long as he or she complies with the limitations set forth above and in the Code. A lawyer may not, however, allow his or her name to be included in a law list which states or implies that the listed lawyers are specialists. Under DR 2-105 a lawyer shall not hold himself out publicly as a specialist with the exception of patent, trademark and admiralty lawyers. A lawyer may however, state that his or her practice consists in large part or is limited to a field or fields of law. "A lawyer may not claim or imply special competence or experience in a field or fields of law through use of the term "specialize" or otherwise." Code of Professional Responsibility DR 2-105(A)(5).

In conclusion, it is our opinion, and you are so advised that a law list is a form of advertising that a lawyer may participate in, provided he or she complies with the limitations on advertising that appear in DR 2-101. A lawyer may not claim or imply special competence or experience in a field of law through use of the term "specialize" or otherwise.

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