What rules apply to an Ohio lawyer's advertising in telephone directories?
Apply this to your situation
This page answers the general question as of 2004. Ezel answers yours: whether it's allowed on your facts, under the current Ohio Rules of Professional Conduct, with citations.
Currency note
This opinion was issued in 2004, before Ohio's adoption of the Ohio Rules of Professional Conduct (effective February 1, 2007). The Board flagged it as a "CPR Opinion" because it interprets the former Ohio Code of Professional Responsibility, since superseded. Lawyer advertising, trade names, and fields-of-practice claims are now addressed by Ohio Prof. Cond. R. 7.1, 7.2, and 7.4. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Plain-English summary
The Board provided guidance on attorney advertising in telephone directories. It concluded that attorneys who advertise in telephone directories must follow the disciplinary rules governing such advertising, which the former Code addressed specifically in DR 2-101(B)(2) and generally through the publicity rules in DR 2-101 to DR 2-105 and other applicable rules.
The Board listed several restrictions that apply. A directory advertisement should not use trade names, misleading statements, or unverifiable statements, and should not use improper terms implying specialization. Any inclusion of contingent-fee information in the advertisement must comply with the requirements of DR 2-101(E)(1)(c).
Common questions
Q: What rules govern a lawyer's yellow-pages or phone-directory ad in Ohio?
A: The opinion concluded such ads are governed by DR 2-101(B)(2) and the general publicity rules in DR 2-101 to DR 2-105 and other applicable rules.
Q: Can a phone-directory ad use a trade name or claim a specialty?
A: No. Per the opinion, the ad should not use trade names, misleading or unverifiable statements, or improper terms implying specialization.
Q: Can the ad mention contingent fees?
A: Yes, if it complies with DR 2-101(E)(1)(c). The opinion stated that any contingent-fee information in the ad must meet that subsection's requirements.
Background and rules framework
The opinion interprets the former Ohio Code of Professional Responsibility publicity rules, DR 2-101(B)(2) (telephone-directory advertising) and the general DR 2-101 through DR 2-105 framework, including DR 2-101(E)(1)(c) on contingent-fee disclosures. The current analogues are Ohio Prof. Cond. R. 7.1 (communications about services), 7.2 (advertising), and 7.4 (fields of practice and specialization) (Model Rules 7.1, 7.2, 7.4).
Citations and references
Rules of Professional Conduct:
- Former Ohio Code of Professional Responsibility DR 2-101(B)(2); DR 2-101 through DR 2-105; DR 2-101(E)(1)(c)
- Current analogues: Ohio Prof. Cond. R. 7.1, 7.2, 7.4 (Model Rules 7.1, 7.2, 7.4)
See also
- Ohio BPC Op. 1993-005: Telephone Directory Classified Listings and Display Ads
- Ohio BPC Op. 1989-006: Yellow Pages Fields-of-Practice Listing
- Ohio BPC Op. 2002-007: Advertising Past Settlement or Verdict Amounts
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-04-012.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
65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
(614) 387-9370 (888) 664-8345 FAX: (614) 387-9379
www.sconet.state.oh.us
OFFICE OF SECRETARY
OPINION 2004-12
Issued October 8, 2004
[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.]
SYLLABUS: Attorneys who advertise in telephone directories must follow the
disciplinary rules governing telephone directory advertising. The Ohio Code of
Professional Responsibility governs telephone directory advertising specifically in
DR 2-101(B)(2) and generally through the publicity rules within DR 2-101 to DR
2-105 and other applicable rules. Among the restrictions, there should be no use
of trade names, misleading statements, unverifiable statements, improper terms
implying specialization, and any inclusion of contingent fee information in the
advertisement must comply with the requirements of DR 2-101)(E)(1)(c).
OPINION: This opinion provides guidance as to attorney advertising in
telephone directories.
Ohio attorneys may advertise, and do advertise, their legal services through
telephone directories. Attorneys who advertise in telephone directories must
follow the disciplinary rules governing telephone directory advertising. They
must resist the urge to rely blindly upon the advice of non-attorney marketers or
the misguided advertisements of attorneys who did not check the rules before
placing their advertisements.
The Ohio Code of Professional Responsibility specifically governs telephone
directory advertisements in DR 2-101(B)(2). DR 2-101(B)(2) is straightforward.
DR 2-101(B) Subject to the limitations contained in these rules:
(2) A lawyer or law firm may permit or purchase inclusion of
information in a telephone or city directory, subject to the following
standards:
(a) The lawyer's or the firm's name, address, and telephone
number may be listed alphabetically in the residential,
business, or classified sections.
(b) Listing or display advertising in the classified section
shall be limited to one or more of the following:
Op. 2004-12 2
(i) under the general heading "Lawyers" or
"Attorneys;"
(ii) if a lawyer or a firm meets the requirements of
DR 2-105(A)(1), under the classification or
heading identifying the field or area of practice
in which the lawyer or firm is so qualified;
(iii) under a classification or heading that identifies
the lawyer or firm by geographic location,
certification as a specialist pursuant to DR 2-
105(A)(4) or (5), or field of law as provided by
DR 2-105(A)(6).
(c) Nothing contained in this rule shall prohibit a lawyer or
law firm from permitting inclusion in reputable law lists
and law directories intended primarily for the use of the
legal profession, of such information as has traditionally
appeared in those publications.
Alphabetical listings in residential, business, or classified sections
Under DR 2-101(B)(2)(a), the name of a lawyer or law firm, along with an address
and telephone number, may be listed alphabetically in the residential, business,
or classified section of a telephone directory.
Requiring an alphabetical listing seems foolproof, but it is not. Instead of
alphabetically listing the attorney name or law firm name, attorneys sometimes
wrongly throw trade names into the alphabetical listings.
Use of Trade Names
Attorneys must resist the temptation to use a trade name in an alphabetical
listing (or elsewhere for that matter). Trade names for legal practices are
improper under DR 2-102(B) and may be misleading under DR 2-101(A)(1) (rule
prohibiting public communication containing any false, fraudulent, misleading,
deceptive, self-laudatory, or unfair statement.) Trade names for legal clinics are
specifically prohibited pursuant to DR 2-102(G) that states, “[t]he use of a trade
name or geographical or other type of identification or description is prohibited.”
An Ohio attorney’s use of the heading “Body Injury Legal Centers” in yellow
pages is the improper use of a trade name. Medina Cty. Bar Assn. v.
Grieselhuber (1997), 78 Ohio St.3d 373, 374-375. Use of a geographical
description in a firm name, such as “Austintown Legal Center” is an improper
trade name. See Ohio Sup.Ct., Bd. Commrs. Grievances & Discipline, Op. 89-27
(1989). “ ‘Debt Relief Clinic’ is both a trade name and a misleading name.” See
Ohio Sup.Ct., Bd. Commrs. Grievances & Discipline, Op. 91-4 (1991). Practicing
law in Ohio using a common trade name franchised to attorneys across the nation
Op. 2004-12 3
is improper. See Ohio Sup.Ct., Bd. Commrs. Grievances & Discipline, Op. 97-1
(1997).
Listing or display advertising in classified section
Under DR 2-101(B)(2)(b)(i), (ii), (iii), listing or display advertising in the
classified section may be placed in one of five ways.
Under the general heading “Lawyers” or “Attorneys;”
Under the classification or heading “Patents,” “Patent Attorney,”
“Patent Lawyer,” “Trademarks,” “Trademark Attorney,”
“Trademark Lawyer,” “Admiralty,” “Proctor in Admiralty,” or
“Admiralty Lawyer” pursuant to DR 2-105(A)(1);
Under a classification or heading identifying the lawyer or firm
by geographic location;
Under a classification or heading identifying the lawyer by
certification as a specialist pursuant to DR 2-105(A)(4) or (5);
Under a classification or heading identifying the lawyer by field
of law as provided by DR 2-105(A)(6).
Additional guidance as to acceptable information
For guidance as to what information may be placed in a display advertising, a
lawyer should review all of the publicity rules—DR 2-101 through DR 2-105. The
Code helpfully lists, in DR 2-101(D), information presumed to be informational.
DR 2-101 (D) The following information with regard to lawyers, law
firms, or members of firms will be presumed to be informational
rather than solely promotional or self-laudatory, and acceptable for
dissemination under these rules, if accurate and presented in a
dignified manner:
1. Name or names of lawyer, law firm, and professional
associates, together with their addresses and
telephone numbers, with designations such as
"Lawyer," "Attorney," "Law Firm";
2. Field or fields of practice, limitations of practice, or
areas of concentration, but only to the extent
permitted by DR 2-105;
3. Date and place of birth;
Op. 2004-12 4
4. Dates and places of admission to the bar of the state
and federal courts;
5. Schools attended, with dates of graduation and
degrees conferred;
6. Legal teaching positions held at accredited law
schools;
7. Authored publications;
8. Memberships in bar associations and other
professional organizations;
9. Technical and professional licenses;
10. Military service;
11. Foreign language abilities;
12. Subject to DR 2-103, prepaid or group legal service
programs in which the lawyer or firm participates;
13. Whether credit cards or other credit arrangements
are accepted;
14. Office and telephone answering services hours.
Fields of Practice and Certification as Specialist
Advertising information regarding fields of practice and certification as specialist
is sometimes an area of confusion for attorneys.
Each Ohio attorney, if he or she chooses, may advertise a field or fields of
practice. Under DR 2-105(A)(6), an attorney is permitted to state that his or her
practice consists in large part or is limited to a field or fields of law. Under DR 2-
101(D)(2), an attorney is permitted to provide information as to fields of practice,
limitations of practice, or areas of concentration. The attorney may be listed
under the appropriate field of practice heading in a telephone directory or the
attorney may want to provide information regarding the field of practice in the
text of the attorney display advertisement. For example, if true, it would be
proper in the text of a display advertisement to state “practice consists in large
part of domestic relations law,” “practice is limited to domestic relations law,”
area of concentration is domestic relations law” or “practice concentrating in the
area of domestic relations law,” or words of very similar import.
Only Ohio attorneys who are certified may state certification as a specialist or use
the term “specialist” in advertising.
Op. 2004-12 5
DR 2-105(A)(5) A lawyer who has received certification from a
private organization of special training, competence, or experience
in a particular field of law may communicate the fact of the
certification only if the certifying organization is bona fide,
certification is issued only to lawyers who meet objective and
consistently applied standards relevant to practice in that field of
law that are higher than those required for admission to the
practice of law, and certification is available to all lawyers who meet
the standards. Any communication regarding certification shall
comply with DR 2-101 and, unless the certifying organization is so
approved, shall contain a statement that the certifying organization
is not approved by the Supreme Court Commission on Certification
of Attorneys as Specialists.
Additional guidance as to communication regarding certification is provided in
the Supreme Court Rules for the Government of the Bar of Ohio
Gov.Bar R. XIV(5)(A) A specialist certified under this rule may
communicate the fact that he or she is certified by the certifying
agency as a specialist in the field of law involved. A specialist shall
not represent, expressly or impliedly, that he or she is certified by
the Supreme Court or the Commission or by an entity other than
the certifying agency. A specialist may represent that the certifying
agency is approved by the Commission, but shall not represent that
the certifying agency is approved by the Supreme Court of Ohio.
Attorneys who are not certified must not use the term “specialist” in their
telephone directory advertisements. An attorney violated DR 2-105(A)(5) by
using in a telephone directory advertisement “specializing in” the field of medical
malpractice. The court found that the attorney’s “use of the term was clearly
misleading in fact because it did not derive from formal recognition, or even from
experience but from his personal aspirations.” Trumbull Cty. Bar Assn. v.
Joseph (1991), 58 Ohio St. 3d 258, 259.
Prohibited information
The Code provides both general and specific information as to what is
impermissible in advertising.
DR 2-101 (A) A lawyer shall not, on his or her own behalf or that of
a partner, associate, or other lawyer affiliated with the lawyer or the
lawyer's firm, use, or participate in the use of, any form of public
communication, including direct mail solicitation, that:
(1) Contains any false, fraudulent, misleading, deceptive,
self-laudatory, or unfair statement;
(2) Seeks employment in connection with matters in which
the lawyer or law firm does not intend to actively
Op. 2004-12 6
participate in the representation, but that the lawyer or
law firm intends to refer to other counsel, except that this
provision shall not apply to organizations defined in DR
2-103(D)(1);
(3) Contains any testimonial of past or present clients
pertaining to the lawyer's capability;
(4) Contains any claim that is not verifiable
(5) Contains characterizations of rates or fees chargeable by
the lawyer or law firm, such as "cut-rate," "lowest,"
"giveaway," "below cost," "discount," and "special;"
however, use of characterizations of rates or fees such as
"reasonable" and "moderate" is acceptable.
The Code explains what communication is false or misleading.
DR 2-101(C) A communication is false or misleading if it satisfies
any of the following:
(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;
(3) Is subjectively self-laudatory, or compares a lawyer's
services with other lawyers' services, unless the
comparison can be factually substantiated.
Use of “and Affiliates” and “and Associates.”
An Ohio attorney violated DR 2-101(A)(1) by making misleading representations
in yellow page advertising. Medina Cty. Bar Assn. v. Grieselhuber (1991), 78
Ohio St.3d 373, 374-75. The attorney used the words, “Pierre A. Grieselhuber
and Affiliates” suggesting that he had affiliates when he did not. Also, he used
the words “Practice limited to representing the Injured across the Country and
around the World” but his practice included other areas of the law, and his
national and international experience was limited to having done business in
twenty-three other states, having some clients from foreign countries, and having
been admitted pro hac vice in the British Virgin Islands. In addition, by stating
“We Do It Well,” he made a claim not verifiable, violating DR 2-101(A)(4). Id.
Similar to the use of “and Affiliates” is the use of “and Associates”: Use of the
terms in advertising is misleading when the attorney has no associates. An Ohio
Op. 2004-12 7
attorney violated DR 1-102(A)(4) and DR 3-101(A) for, among other misconduct,
using the term “Mitchell and Associates” when the attorney was a sole
practitioner who hired a felon and nonlawyer to work for him. Portage County
Bar Assn. v. Mitchell, 101 Ohio St. 3d 1, 3, 2003-Ohio-6449.
Implying partnership when none exists
An advertisement implying partnerships when there is no partnership is
improper. DR 2-102(C) states “[a] lawyer shall not hold himself or herself out as
having a partnership with one or more other lawyers or professional corporations
unless they are in fact partners.” DR 2-102(B) prohibits, inter alia, practicing
under a name that is misleading as to the identity of the lawyer or lawyers
practicing under the name. See, e.g., Disciplinary Counsel v. Mbakpuo, 98 Ohio
St.3d 177, 179, 2002-Ohio-7087 (attorney falsely representing to the public and
clients that he was partners in a law firm that did not exist); Columbus Bar Assn.
v Smith, 97 Ohio St. 3d 497, 499, 2002-Ohio-6728 (attorney misrepresenting
that he practiced law in partnership with another attorney and the partnership
was a licensed professional association); Cincinnati Bar Assn. v Stidham (2000),
87 Ohio St. 455, 460 (practicing law under the firm name “Sand, Stidham &
Bernard” when Stidham and Bernard had never been partners and were not
members of the same firm); Disciplinary Counsel v. Watson, 98 Ohio St. 3d 181,
182, 2002-Ohio-7088 (practicing law under the name “Watson and Watson,
Attorneys and Counselors at Law” notwithstanding Watson was a sole
practitioner).
Client testimonials
Client testimonials must not be included in advertising legal services. See Ohio
Sup.Ct., Bd. Commrs. Grievances & Discipline, Op. 89-24 (1989), Op. 2000-6
(2000). The ban on client testimonials in advertising applies to telephone
directory advertising as well. See, e.g., Disciplinary Counsel v. Henderson
(1998), 81 Ohio St. 3d 494 (Attorneys’ television commercials contained client
testimonials as well as improper statements about fees). In Henderson, the court
stated “we are also informing all members of the profession that such
advertisements whether in newspapers, on television, or in the ‘yellow pages,’ are
improper and should be either withdrawn or modified as soon as feasible to
conform with this decision.” Id. at 498. “There is a fine line between separating
the law firm’s right to make its services known not only through reputation but
also through advertising, and the law firm’s duty not to mislead the public or
overreach in its zeal to obtain clients.” Id. at 497.
Misleading, self-laudatory, unfair, and unverifiable information
Use of misleading, self-laudatory, unfair, and unverifiable information is
prohibited in all advertising by DR 2-101(A)(1) and (4). See, e.g., Ohio Sup.Ct.,
Bd. Commrs. Grievances & Discipline, Op. 2002-7 (2002) (advising that “[i]n
advertising legal services, it is improper under DR 2-101(A)(1) and (4) for an
attorney or law firm to list settlement or verdict amounts obtained in past cases.
Op. 2004-12 8
Statements such as “Trip/Fall sidewalk-brain injury, $1,000,000 verdict” or “Dog
bite, $50,000 settlement” are misleading, self-laudatory, and may be unfair. In
addition, confidential settlement amounts are misleading.”
Fee information
Attorneys who advertise fee information in a display advertisement in a
telephone directory should carefully review the bounds established in the Code
for publicizing information regarding fees.
DR 2-101(E)(1) Any of the following information with regard to fees
and charges, if presented in a dignified manner, is acceptable for
communication to the public in the manner stipulated by DR 2-
101(B):
(a) Fee for an initial consultation;
(b) Availability upon request of either a written schedule of
fees or of an estimate of the fee to be charged for specific
services;
(c) Contingent fee rates, subject to DR 2-106(C), provided
that the statement discloses whether percentages are
computed before or after deduction of costs and
expenses and advises the public that, in the event of an
adverse verdict or decision, the contingent fee litigant
could be liable for payment of court costs, expenses of
investigation, expenses of medical examinations, and
costs incurred in obtaining and presenting evidence;
(d) Fixed fee or range of fees for specific legal services or
hourly fee rates, provided the statement discloses that;
i. Stated fixed fees or range of fees will be available
only to clients whose matters are included among the
specified services;
ii. If the client's matter is not included among the
specified services or if no hourly fee rate is stated,
the client will be entitled, without obligation, to a
specific written estimate of the fee likely to be
charged.
(2)(a) If a lawyer or a law firm quotes a fee for a service in an
advertisement or direct mail solicitation, the service must be
rendered for no more than the fee advertised or quoted.
(b) Unless otherwise specified in the advertisement, if a lawyer or a
law firm includes any fee information in a publication that is
Op. 2004-12 9
published more frequently than one time per month, the lawyer or
law firm shall be bound by any representation made in the
advertisement for a period of not less than thirty days after such
publication. If a lawyer or law firm publishes any fee information in
a publication that is published once a month or less frequently, the
lawyer or law firm shall be bound by any representation made in
the advertisement until the publication of the succeeding issue. If a
lawyer or law firm advertises any fee information in a publication
that has no fixed date for publication of a succeeding issue, the
lawyer or law firm shall be bound by any representation made in
the advertisement for a reasonable period of time after publication,
but in no event less than one year.
(c) Unless otherwise specified, if a lawyer or law firm broadcasts
any fee information by radio or television, the lawyer or law firm
shall be bound by any representation made in the broadcast for a
period of not less than thirty days after the date of the broadcast.
Perhaps the most confusing rule for attorneys to apply as to fees is DR 2-
101(E)(1)(c) addressing advertisement of contingent fee rates.
An Ohio attorney violated DR 2-101(E)(1)(c) by using in telephone yellow page
advertising the words “WE GET PAID FROM OUR RECOVERY OF MONEY
DAMAGES FOR YOU” because it failed to inform prospective clients about the
costs and expenses of litigation.” Medina Cty. Bar Assn. v. Grieselhuber (1991),
78 Ohio St.3d 373, 374-75. Ohio attorneys have also violated DR 2-101(E)(1)(c)
in written solicitation and in televisions advertisements. See Mahoning Cty. Bar
Assn. v. Sinclair, 88 Ohio St.3d 328 (2000) (written solicitation); Disciplinary
Counsel v. Shane (1998), 81 Ohio St.3d 494 (television advertisements).
When the misconduct occurred in Grieselhuber, Sinclair, and Shane, DR 5-
103(B) required that a client be ultimately responsible for repayment of expenses
advanced by a lawyer or law firm. Upon amendment of DR 5-103(B), effective
June 14, 1999, a client’s repayment of litigation expenses to a lawyer or law firm
may be contingent upon the outcome of the matter.
Even with the 1999 amendment to DR 5-103(B), it is still imperative under DR 2-
101(E)(1)(c) for an attorney who advertises contingent fees to state whether the
client will pay for or be responsible for repayment of litigation expenses. (Of
course, the attorney also should address this in the fee contract.)
Telephone directory advertisement may violate various rules in the Code.
On a case-by-case basis, other rules within the Code are applicable to telephone
directory advertising.
An Ohio attorney’s telephone directory created an impression that an out-of-state
licensed attorney (who was not licensed in Ohio) was an attorney associated with
the Ohio attorney. Cleveland Bar Assn. v. Reed, 94 Ohio St.3d 139, 140-41
Op. 2004-12 10
(2002). For this and other misconduct, the Ohio attorney was found to have
violated DR 3-101(A) (a lawyer shall not aid a nonlawyer in the unauthorized
practice of law), DR 3-102 (a lawyer or law firm shall not share legal fees with a
nonlawyer, and 1-102(A)(5) (a lawyer shall not engage in conduct prejudicial to
the administration of justice). Id.
An attorney, admitted in Ohio and who passed the bar examination of another
state but was not sworn in, advertised in the yellow pages (and on letterhead)
that he was licensed to practice law in both Ohio and the other state.
Disciplinary Counsel v. Lloyd, 71 Ohio St.3d 312, 314-15 (1994). For this and
other misconduct, the attorney was found to have violated DR-102(A)(6), 9-
102(B)(3), 9-102(A), 1-102(A)(5), 5-103(B), and 3-101(B). Id.
Conclusion
Attorneys who advertise in telephone directories must follow the disciplinary
rules governing telephone directory advertising. The Ohio Code of Professional
Responsibility governs telephone directory advertising specifically in DR 2-
101(B)(2) and generally through the publicity rules within DR 2-101 to DR 2-105
and other applicable rules. Among the restrictions, there should be no use of
trade names, misleading statements, unverifiable statements, improper terms
implying specialization, and any inclusion of contingent fee information in the
advertisement must comply with the requirements of DR 2-101)(E)(1)(c).
Advisory Opinions of the Board of Commissioners on Grievances and
Discipline are informal, nonbinding opinions in response to
prospective or hypothetical questions regarding the application of the
Supreme Court Rules for the Government of the Bar of Ohio, the
Supreme Court Rules for the Government of the Judiciary, the Code
of Professional Responsibility, the Code of Judicial Conduct, and the
Attorney’s Oath of Office.
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