OHBPC 1988-12-16

Can an attorney advertise on a billboard in Ohio?

Short answer: The Board concluded that billboard advertising is a permitted form of advertising under former DR 2-101, relying on the rule's 'or otherwise' catchall, provided the billboard contains no false, fraudulent, misleading, or deceptive statements or claims; the Board did not pass on the content of any specific billboard. The opinion interprets the former Ohio Code of Professional Responsibility, since superseded.

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 Not binding precedent.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 88-029: Billboard Advertising by Attorneys

Short answer: The Board concluded that billboard advertising is a permitted form of advertising under former DR 2-101, relying on the rule's "or otherwise" catchall, provided the billboard contains no false, fraudulent, misleading, or deceptive statements or claims.

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This opinion was issued in 1988 under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007.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 (effective January 1, 1993 and August 16, 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 Treat this page as historical context, not current guidance.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 and 7.2 on advertising) before relying on any specific rule mentioned here.

Plain-English summary

A lawyer asked the Board's position on attorneys advertising on billboards.

The Board explained that billboard advertising, like all attorney advertising, is subject to DR 2-101, which bars false, fraudulent, misleading, or deceptive communications (subsection A), permits a lawyer to publish or broadcast information to facilitate informed selection in print, mail, "or otherwise," or over radio or television (subsection B), and defines what makes a communication false or misleading (subsection C). Reading the "or otherwise" catchall of DR 2-101(B), the Board concluded that billboard advertising is permitted as long as it does not contain any of the restrictions in DR 2-101(A) and (C). The Board stated it does not pass judgment on the specific content of advertisements and was neither approving nor disapproving the content of the requester's billboard.

Common questions

Q: Can an Ohio attorney advertise on a billboard?

A: Yes. The Board concluded billboard advertising is a permitted form of advertising under former DR 2-101, based on the rule's "or otherwise" catchall, as long as it contains no false, misleading, or deceptive claims.

Q: Did the Board approve any particular billboard's content?

A: No. The Board stated it does not pass judgment on the specific content of advertisements and was neither approving nor disapproving the requester's billboard.

Background and rules framework

The opinion applies former DR 2-101(A), (B), and (C) of the Ohio Code of Professional Responsibility (advertising and false or misleading communications). The current parallels on advertising are Ohio Prof. Cond. R. 7.1 and 7.2, with Model Rules 7.1 and 7.2.

Citations and references

Rules of Professional Conduct:

Former DR 2-101(A), (B), (C), 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-88-029.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 88-29
Issued December 16, 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.]

SYLLABUS: Billboard advertising is a permitted form of advertising under the Code of Professional Responsibility provided it does not contain any false, fraudulent, misleading or deceptive statements or claims.

OPINION: We have before us your request for an advisory opinion on the Board's position regarding attorneys advertising on billboards.

Billboard advertising, like all forms of advertising by attorneys, is subject to DR 2-101 which states:

(A) A lawyer shall not ...use, or participate in the use of, any form of communication containing a false, fraudulent, misleading, or deceptive statement or claim.

(B) In order to facilitate the process of informed selection of a lawyer by potential consumers of legal services, a lawyer may publish or broadcast, subject to DR 2-102 through DR 2-105, information in print media, in written or printed material distributed to consumers through the mail or otherwise; or over radio or television. The information disclosed by the lawyer in such publication or broadcast shall comply with DR 2-101(A)(emphasis added).

(C) A communication is false or misleading if it: (1) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading; (2) is 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) is subjectively self-laudatory, or compares a lawyer's services with other lawyers' services, unless the comparison can be factually substantiated.

The catchall phrase of DR 2-101(B) is, "or otherwise." We believe that this provision permits billboard advertising as long as the advertisement does not contain any of the restrictions found in DR 2-101(A) and (C). We do not pass judgment on the specific content of advertisements and for that reason we are neither approving nor disapproving the content of your billboard advertisement.

In conclusion, it is our opinion, and you are so advised that billboard advertising is a permitted form of advertising under the Code of Professional Responsibility.

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.