Could a lawyer write a magazine article on the law under his own name and note that he is a member of the bar?

Plain-English summary

A lawyer had been asked by the managing editor of a monthly magazine, circulating principally among banks and insurance companies, to write an article on "Wills" for the May 1936 issue, without charge. He asked whether preparing the article would conflict with legal ethics, whether he could let his name appear as author with a reference to his bar membership, and, if such a reference were improper, whether the article could appear under his name without it.

The Board quoted Rule 42: "A lawyer may with propriety write articles for publication in which he gives information upon the law; but he should not accept employment from such publications to advise inquirers in respect to their individual rights." On that basis it concluded it was not improper for the lawyer to prepare the proposed article for publication with a reference to the fact that the author is a member of the bar. The opinion noted related opinions on legal writing and radio addresses (Opinions 12 and 45) and on pretended legal publications by lay agencies (Opinions 19 and 20).

Currency note

This opinion was issued in 1936, decades before Oklahoma replaced its original Rules of Professional Conduct (patterned on the ABA Canons of Professional Ethics) with the Oklahoma Rules of Professional Conduct (adopted 1988) and the later Ethics 2000 revisions. The limits it drew around lawyers writing for publication belong to that superseded canon-era code and to a pre-Bates v. State Bar of Arizona (1977) view of lawyer publicity. Subsequent rule amendments and case law have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a lawyer write a magazine article explaining an area of law?

A: Yes. The opinion held that Rule 42 permits a lawyer to write articles giving information upon the law.

Q: Could the article identify him as a lawyer?

A: Yes. The Board concluded it was not improper for the author's name to appear with a reference to his bar membership.

Q: Was there any limit?

A: Yes. Rule 42 provides that a lawyer should not accept employment from such publications to advise inquirers about their individual rights.

Background and rules framework

The opinion applied Rule 42 of the canon-era Oklahoma Rules of Professional Conduct, permitting a lawyer to write articles giving legal information while barring employment to advise inquirers about individual rights, drawn from the ABA Canons of Professional Ethics. It predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Rule 42 (1929 Oklahoma Rules of Professional Conduct): a lawyer may write articles giving information upon the law but should not accept employment from such publications to advise inquirers about their individual rights.

Other opinions cited:

• Oklahoma Bar Opinions 12 and 45: legal writing and radio addresses.
• Oklahoma Bar Opinions 19 and 20: pretended legal publications by lay agencies.

See also

• Okla. Bar Ethics Op. 92: Paid photograph and name in a newspaper edition
• Okla. Bar Ethics Op. 105: Publishing professional cards in newspapers

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-108/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Adopted May 22, 1936

Inquiry:

"The managing editor of …………, a monthly magazine publishing in ……….., has asked me to write an article on the subject of 'Wills' for the May 1936 issue. The principal circulation of this publication is among banks and insurance companies. The article, of course, would be published without charge.

Before complying with the request, I would like an opinion as to whether or not it would be in conflict with legal ethics for me to prepare such an article for publication; also, would it be proper for me to permit my name to appear as author of the article, with a reference to my being a member of the Bar? If it would be improper for any reference to be made to my being a member of the Bar, would it be permissible for the article to be published with my name appearing as the author, without any reference to my being a member of the Bar?"

In response:

Rule 42 of the Rules of Professional Conduct provides:

"A lawyer may with propriety write articles for publication in which he gives information upon the law; but he should not accept employment from such publications to advise inquirers in respect to their individual rights."

It, therefore, is not improper for a member of the bar to prepare the proposed article for publication, with a reference to the fact that the author is a member of the bar.

Note to Opinion 108. For other opinions relating to legal writing and radio addresses, see Opinions12 and 45. For pretended legal publications by lay agencies see Opinions 19 and 20.