Can a lawyer appear on a TV program called 'Ask the Expert'?

Currency note

This opinion was issued in 2005, 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Board flagged it as a "CPR Opinion" because it interprets the former Ohio Code of Professional Responsibility, since superseded.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 communications and fields-of-practice claims are now addressed by Ohio Prof. Cond. R. 7.1 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 Treat this page as historical context, not current guidance.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 addressed whether a lawyer or law firm may take part in a local television station's combined advertising and public-service program if it is titled "Ask the Expert." The Board concluded that a lawyer should not participate in a program with that name. It was careful to locate the problem: the program name, not the program itself, is objectionable under the disciplinary rules, because lawyers may not hold themselves out as experts.

The Board added the corollary. If the television station's advertising and public-service program is properly titled, a lawyer's participation is proper, so long as the lawyer is able to comply with his or her ethical duties under the applicable conduct rules.

Common questions

Q: Can a lawyer go on a TV segment called 'Ask the Expert'?

A: No. The opinion concluded a lawyer should not participate in a program with that title, because lawyers may not hold themselves out as experts.

Q: Is the TV appearance itself improper?

A: No. Per the opinion, the program name, not the program, is the problem; with a proper title, the lawyer's participation is proper if the lawyer can meet all ethical duties.

Background and rules framework

The opinion interprets the former Ohio Code of Professional Responsibility advertising rules (DR 2-101, barring false or misleading communications) and the limits on claiming expertise or specialization (DR 2-105). The current analogues are Ohio Prof. Cond. R. 7.1 (communications about services) and 7.4 (fields of practice and specialization) (Model Rules 7.1, 7.4).

Citations and references

Rules of Professional Conduct:

• Former Ohio Code of Professional Responsibility DR 2-101, DR 2-105
• Current analogues: Ohio Prof. Cond. R. 7.1, 7.4 (Model Rules 7.1, 7.4)

See also

• Ohio BPC Op. 2004-012: Attorney Advertising in Telephone Directories
• Ohio BPC Op. 1989-006: Yellow Pages Fields-of-Practice Listing
• Ohio BPC Op. 2003-002: Win/Loss Statistics and Money-Back Guarantees

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-05-006.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
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 2005-6
                             Issued August 5, 2005

[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: A lawyer or law firm should not participate in a local television
station’s advertising and public service program if entitled “Ask the Expert.” The
program name, not the program itself, is objectionable under the disciplinary
rules. Lawyers may not hold themselves out as experts. If a television station’s
advertising and public service program is properly titled, the lawyer’s
participation is proper so long as the lawyer is able to comply with his or her
ethical duties under the Ohio Code of Professional Conduct.

OPINION: This opinion addresses a question regarding a lawyer or law firm’s
participation in a television station’s “Ask the Expert” program.

  Is it proper for a lawyer or law firm to participate in an advertising
  and public service program entitled “Ask the Expert” sponsored by
  a local television station?

A law firm has been asked to participate in an “Ask the Expert” program
sponsored by a local television station. “Ask the Expert” is described as both an
advertising program and a public service program. There is a fee for
participation.

The television station’s “Ask the Expert” program has three components. One
component is on air and Web site advertising of the program and its participating
“experts” and their areas of practice. A second component is providing the public
opportunity to e-mail questions to the “experts” from the station’s Web site and
to receive answers by e-mail. A third component is posting of the questions and
answers on the station’s Web site and broadcasting of selected questions and
answers on the local news.

The “experts” are individuals or entities engaged in businesses or professions
who have paid to participate in the program. Various business or professions are
represented, such as legal, financial, medical, education, as well as “around the
house” experts, such as landscapers, plumbers, and others.

On the television station’s Web site, if an individual selects “legal expert” he or
she will see an advertisement for a participating lawyer or law firm listing the

Op. 2005-6 2

area of legal practice and other identifying information. A Web site visitor may e-
mail a legal question to a lawyer or law firm, by completing an online form and
sending it to the “expert.” An e-mail address must be provided on the form, but
other personal information is optional. The Web site promises that if any
personal information is provided it will remain confidential.

The title of the program “Ask an Expert” poses an ethical problem for Ohio
lawyers. The name implies that the lawyer is an expert—someone with special
competence or experience.

In Ohio, a lawyer may not claim or imply special competence or experience in a
field of law, unless an exception applies: the lawyer is a patent attorney,
trademark attorney, admiralty attorney; the lawyer is certified as a specialist in a
field of law under the Rule XIV of the Supreme Court Rules for the Government
of the Bar of Ohio; or the lawyer is certified by a bona fide private organization.
This restriction is set forth in DR 2-105(A)(6).

   DR 2-105(A)(6) A lawyer may state that his or her practice consists
   in large part or is limited to a field or fields of law. Except as
   provided in DR 2-105(A)(1), (4), and (5), a lawyer may not claim or
   imply special competence or experience in a field of law through use
   of the term “specialize” or otherwise.

There is no leeway for attorneys to use the term “expert” in advertising. Even
attorneys who are given a reprieve from DR 2-105(A)(6) through the exceptions
provided in DR 2-105(A)(1), (4), and (5) (attorneys who practice patent,
trademark, and admiralty law, attorneys who are certified as specialists pursuant
to the governing bar rules; and attorneys who are certified by private
organizations) are not authorized to make claims that they are “experts.”

It is not the television station’s program that is objectionable under the
disciplinary rules; it is the name of the program. Lawyers may not hold
themselves out as experts.

Assuming that the term “expert” is removed from the advertising of the program,
a lawyer may participate in the station’s advertising and public service program.
Lawyers are permitted to advertise under DR 2-101 through DR 2-105. Lawyers
are encouraged to participate in educational and public relations programs. See
EC 2-2. Lawyers may educate the public by conducting seminars and
participating in radio talk shows. See Ohio SupCt, Bd Comm’rs on Grievances
and Discipline, Op. 94-13 (1994). Lawyer may respond to legal questions sent by
e-mail. See Ohio SupCt, Bd Comm’rs on Grievances and Discipline, Op. 99-9
(1999).

A lawyer who wishes to engage in either activity should review the Board’s
Opinions 94-13 (1994) and 99-9 (1999). These opinions provide guidelines for
lawyers who answer questions from the public on the radio and by e-mail.

Op. 2005-6 3

A special concern with the television station’s program is that the e-mail requests
to the lawyer for legal advice may be sent anonymously. A lawyer who gives legal
advice to an anonymous individual risks a conflict of interest with a current or
former client. Thus, if a lawyer receives a question from an anonymous
individual by e-mail, the lawyer may provide only a general response regarding
the law, but may not give individual legal advice. The lawyer should make this
clear to the questioner.

In conclusion, a lawyer or law firm should not participate in a local television
station’s advertising and public service program if entitled “Ask the Expert.” The
program name, not the program itself, is objectionable under the disciplinary
rules. Lawyers may not hold themselves out as experts. If a television station’s
advertising and public service program is properly titled, the lawyer’s
participation is proper so long as the lawyer is able to comply with his or her
ethical duties under the Ohio Code of Professional Conduct.

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.