Can Ohio lawyers take part in a group TV ad that routes injury calls to the lawyer who paid for a geographic area?
Ohio BPC Opinion 89-030: Group Legal Television Advertising
Short answer: The Board concluded that no Code provision bars group legal advertising, so lawyers may participate in a TV campaign routing calls to the attorney who bought exclusive rights to a geographic area, provided the ads are truthful and not run as a referral service.
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Board flags this opinion as not current: it issued in 1989 under the former Ohio Code of Professional Responsibility (superseded by the Ohio Rules of Professional Conduct effective February 1, 2007), and DR 2-101 was later amended effective January 1, 1993 and August 16, 1993. Treat this page as historical context, not current guidance.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 request concerned a television campaign called Injury Helpline. Thirty-second commercials encouraged injured persons to call a toll-free number, and lawyers could buy exclusive rights to receive all calls generated in their geographic area, defined by zip codes. The production company owned the ads, controlled broadcast, agreed to spend 70 percent of the money collected on advertising in that market, listed each participating attorney's name and address on the spots, required attorneys to approve the ads, and included the statement "Advertisement Paid for By Sponsoring Attorneys. Not a Lawyer Referral Service."
The Board described group lawyer advertising as a relatively new concept that facilitates informed selection of a lawyer, and concluded that nothing in the Code precludes it, subject to DR 2-101(A) (no false, fraudulent, misleading, or deceptive claims) and the definition of false or misleading communications in DR 2-101(C). It concluded the arrangement was not a referral service (citing Opinion 88-27 on the Talking Yellow Pages), because the toll-free operators merely give callers the name of the attorney who bought exclusive rights to that area. It suggested an additional safeguard: having the operator tell the caller it is not a referral or endorsement and that the named attorney paid for the advertisement. The Board concluded Ohio lawyers may participate in such group television advertisements so long as the ads contain no false, fraudulent, misleading, or deceptive claims as defined in DR 2-101(C).
Common questions
Q: Can lawyers join a group TV ad that routes calls to the lawyer who paid for an area?
A: Under this opinion, yes. The Board concluded no Code provision bars group legal advertising, subject to the truthfulness requirements of DR 2-101.
Q: Was the arrangement an impermissible referral service?
A: No. The Board concluded it was not a referral service because the operators merely give callers the name of the attorney who purchased exclusive rights to that geographic area.
Background and rules framework
The opinion interprets the former Ohio Code of Professional Responsibility, DR 2-101(A) (no false, fraudulent, misleading, or deceptive claims) and DR 2-101(C) (definition of false or misleading communications), in the context of group lawyer advertising.
Citations and references
Rules of Professional Responsibility (Ohio):
- Former Code of Professional Responsibility, DR 2-101(A), advertising standards
- Former Code of Professional Responsibility, DR 2-101(C), false or misleading communications
Other opinions cited:
- Ohio Board of Commissioners Op. 88-27 (1988): Talking Yellow Pages advertising
See also
- Ohio BPC Opinion 1988-027: Advertising in the 'Talking Yellow Pages'
- Ohio BPC Opinion 1988-009: Soliciting Referrals From Non-Bar Organizations
- Ohio BPC Opinion 1989-006: Telephone Directory 'Fields of Practice' Listing
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-89-030.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 89-30
Issued October 13, 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.]
SYLLABUS: The Code of Professional Responsibility contains no specific provision precluding Ohio lawyers from participating in group legal advertising. All lawyers' advertisements must not contain any false, fraudulent, misleading, or deceptive statements or claims.
OPINION: We have before us your request for an advisory opinion on the propriety of television advertising called Injury Helpline. The 30 second commercials encourage injured persons to call the displayed toll free number. Lawyers are given the opportunity to purchase exclusive rights to receive all telephone calls generated from the commercials in their geographic areas. The geographic area is defined by zip codes.
The advertisements are owned by the production company who is responsible for where and when the commercials are broadcasted. The company agrees to spend 70 percent of the monies collected from attorneys to purchase advertising in that market. The name and address of each participating attorney would appear in printed form on the spots. The participating attorneys are required to approve the ads for broadcast. The commercials include the following written statement, "Advertisement Paid for By Sponsoring Attorneys. Not a Lawyer Referral Service."
Group lawyer advertising is a relatively new concept that facilitates the process of informed selection of a lawyer by potential consumers of legal services. There is nothing in the Code of Professional Responsibility which precludes this kind of advertising. However, all forms of communication by lawyers may not include any false, fraudulent, misleading or deceptive statements or claims. Code of Professional Responsibility, DR 2-101 (A). False or misleading communications are defined in DR 2-101(C).
In our view, this type of advertisement is not a referral service. See, also, Board of Commissioners Op. 88-27 (1988) (lawyer permitted to advertise in Talking Yellow Pages). The toll free operators merely give callers the name of the attorney who purchased exclusive rights to callers from the particular geographic area. We suggest including an additional safeguard, namely, having the operator inform the caller that it is not a referral or endorsement and that the named attorney has paid for the advertisement.
In conclusion, it is our opinion and you are so advised that Ohio lawyers may participate in group legal advertisements on television which route calls from viewers to lawyers who pay for exclusive rights to calls from specific geographic areas. These advertisements must not contain any false, fraudulent, misleading or deceptive statements or claims as defined in DR 2-101(C).
This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Professional Responsibility.