Can a lawyer be listed in the phone book under a 'Fields of Practice' heading, and can the listing say the lawyer specializes in an area?
Ohio BPC Opinion 89-006: Telephone Directory 'Fields of Practice' Listing
Short answer: The Board concluded that a lawyer may be listed under a phone directory 'Fields of Practice' heading and may state that the practice is limited to a field, but may not claim to be a specialist or expert outside patent, trademark, or admiralty law.
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.
Currency note
The Board flags this opinion as not current: it issued in 1989 under the former Ohio Code of Professional Responsibility (superseded by the Ohio Rules of Professional Conduct effective February 1, 2007), and DR 2-101 was later amended effective January 1, 1993 and August 16, 1993, and DR 2-105 effective January 1, 1993. The current rules also use different specialization terminology. Treat this page as historical context, not current guidance. Verify against the current Ohio Rules of Professional Conduct (the Rule 7 advertising rules) before relying on any specific rule mentioned here.
Plain-English summary
The question was whether a lawyer could be listed in a telephone directory under a heading "Attorneys-Fields of Practice" that grouped lawyers by specific practice areas.
The Board concluded the listing was permissible. Under DR 2-101(E), a lawyer could publish information in print media to facilitate informed selection of a lawyer, and the Board noted that since 1977 telephone-directory advertising had been an accepted form of lawyer advertising. The advertising could not be false, fraudulent, misleading, or deceptive (DR 2-101(A)).
On specialization, the Board explained that under DR 2-105 a lawyer could not hold out as a specialist outside patent, trademark, or admiralty law. A lawyer could state that the practice was limited to a field, but could not claim special competence or experience through the word "specialize" or otherwise (DR 2-105(A)(5)). The Board reasoned that grouping lawyers under a "Fields of Practice" section did not convey that a listed lawyer was a specialist in that area; instead it provided information about the areas to which a lawyer limited the practice, consistent with DR 2-105, and helped consumers select a lawyer. It concluded the Yellow Pages may include lawyers' names under specific fields of practice under such a heading.
Common questions
Q: Could a lawyer be listed by practice area in the Yellow Pages?
A: Under this opinion, yes. The Board concluded that listing lawyers under an "Attorneys-Fields of Practice" heading was permissible and did not, by itself, suggest the lawyer was a specialist.
Q: Could the listing say the lawyer specializes in an area?
A: No, outside patent, trademark, and admiralty law. The opinion held that under DR 2-105 a lawyer could state the practice was limited to a field but could not claim to be a specialist or use "specialize" or claims of special competence.
Background and rules framework
The opinion interprets the former Ohio Code of Professional Responsibility: DR 2-101 (publicity and advertising; no false, fraudulent, misleading, or deceptive claims) and DR 2-105 (limitation of practice and the bar on holding out as a specialist outside patent, trademark, and admiralty). The Board notes the 1977 end of ABA law-list regulation as the backdrop for directory advertising.
Citations and references
Rules of Professional Responsibility (Ohio):
- Former Code of Professional Responsibility, DR 2-101(A), (E), advertising standards
- Former Code of Professional Responsibility, DR 2-105, DR 2-105(A)(5), limitation of practice and specialization
Other authorities cited:
- Wolfram, Modern Legal Ethics 775 (1986)
See also
- Ohio BPC Opinion 1988-027: Advertising in the 'Talking Yellow Pages'
- Ohio BPC Opinion 1988-028: Advertising Cases the Lawyer Does Not Handle
- Ohio BPC Opinion 1987-039: 'Certified Civil Trial Advocate' on Letterhead
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-89-006.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 89-006
Issued February 17, 1989
[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 telephone directory under a heading entitled "Attorneys-Fields of Practice," which lists specific fields of practice. A lawyer may state that his practice consists in large part or is limited to a field or fields of law. A lawyer may not, however, hold himself out as an expert or specialist in an area of the law other than patent, trademark, or admiralty law.
OPINION: According to DR 2-101 (E), a lawyer may publish information in print media in order to facilitate the process of informed selection of a lawyer by consumers. Since 1977 when the regulation of law lists by the ABA ended, advertising in telephone directories has been acknowledged as an accepted form of advertising by lawyers. Wolfram, Modern Legal Ethics 775 (1986).
A lawyer advertising his legal services may not use any form of communication containing false, fraudulent, misleading, or deceptive statements or claims. Code of Professional Responsibility, DR 2-101(A). Therefore, there is no prohibition against the use of telephone directories for advertising by lawyers as long as the material contains no false, fraudulent, misleading, or deceptive claims.
A lawyer may not hold himself out as a specialist unless he works in the areas of patent, trademark, or admiralty law. Code of Professional Responsibility, DR 2-105. However, a lawyer may state that his practice is limited to a field or fields of law, but he may not claim that he has a special competence or experience in a field of law through the use of the term "specialize" or otherwise. Code of Professional Responsibility, DR 2-105(A) (5). Nothing in a lawyer's advertising may indicate that he is an expert in a particular legal field unless he practices in the areas of the law that are excepted from this prohibition.
We believe that the use of specific fields of practice under a Section entitled "Attorneys-Fields of Practice" does not convey the impression that a lawyer under a particular heading is a specialist in that area of the law. Rather, it appears that arranging lawyers' names under specific fields of law provides information about the areas a lawyer is limiting his practice to in keeping with DR 2-105. Moreover, the information given in the subheadings in the telephone directory would seem to facilitate the process of selecting a lawyer by a consumer.
It is our opinion, and you are so advised, that the Yellow Pages may include lawyers' names under specific fields of practice under a section entitled "Attorneys-Fields of Practice."
This is an informal, non-binding advisory opinion based upon the issues presented and limited to questions arising under the Code of Professional Responsibility.