Can a lawyer run a professional card listing his specialties in a city directory aimed at the public?

Plain-English summary

A lawyer reported that for many years he had carried a card in the city directory reading, in substance, his name, "Lawyer," "Special attention to civil practice including titles and probate practice," his building, and phone, and asked whether this was proper under the rules of professional conduct.

The Board answered that Rule 45 permits a member of the bar to insert his professional card in a reputable law directory or reputable law list. Quoting ABA Opinion 116, which construed Canon 43 (the same in this respect as Rule 45), the Board explained that the canons strictly draw the line by permitting the insertion of the lawyer's name and a special branch of practice in a law list only, meaning a list circulated among lawyers and not intended to draw the attention of the public. The Board also quoted Rule 29, under which the use of simple introductory cards in the ordinary course of practice is not improper, but the solicitation of business by distributing or publishing cards or circulars, other than publication of cards as permitted by Rule 45, or by other advertisement or unwarranted personal communication, is unprofessional. The Board disapproved the insertion of the card, in the form submitted, in the city directory.

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 flat ban on advertising specialties to the public has since been narrowed by constitutional decisions on lawyer advertising beginning with Bates v. State Bar of Arizona (1977). Subsequent rule amendments and later opinions 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 Treat this page as historical context, not current guidance.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 list his name and specialties in a city directory?

A: No. The opinion disapproved the city-directory card, holding that a card noting a special branch of practice may be inserted only in a law list circulated among lawyers, not a publication aimed at the public.

Q: Where could such a card properly appear?

A: Under Rule 45, in a reputable law directory or reputable law list. Quoting ABA Opinion 116, the Board read this to mean a list circulated among lawyers and not intended to draw the public's attention.

Q: Are introductory cards always improper?

A: No. Under Rule 29 the use of simple introductory cards in the ordinary course of practice is not improper; what is unprofessional is soliciting business by distributing or publishing them outside what Rule 45 permits.

Background and rules framework

The opinion applied Rule 45 (placement of professional cards in law directories and lists) and Rule 29 (use versus publication of cards and the prohibition on solicitation) of the canon-era Oklahoma Rules of Professional Conduct, and adopted ABA Committee on Professional Ethics Opinion 116 construing Canon 43. It predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Rule 45 (1929 Oklahoma Rules of Professional Conduct): a member may insert his professional card in a reputable law directory or reputable law list.
• Rule 29 (1929 Oklahoma Rules of Professional Conduct): the use of simple introductory cards in the ordinary course of practice is not improper, but soliciting business by distributing or publishing cards beyond what Rule 45 permits is unprofessional.

Other opinions cited:

• ABA Committee on Professional Ethics Op. 116: construing Canon 43, a lawyer's name and special branch of practice may be listed only in a law list circulated among lawyers, not one aimed at the public.

See also

• Okla. Bar Ethics Op. 95: A card in a directory circulated to laymen
• Okla. Bar Ethics Op. 105: Publishing professional cards in newspapers
• Okla. Bar Ethics Op. 120: A lawyer's name continued in unapproved law lists

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-124/

Original opinion text

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

Adopted October 30, 1936

The Board is in receipt of the following inquiry:

"For many years, I have carried a card in the city directory as follows:

………………..(name of lawyer)

Lawyer

Special attention to civil practice including titles and probate practice.

…… Bldg. Phone ……

Is this proper under the rules of professional conduct?"

In response:

Rule 45 of the Rules of Professional Conduct provides that a member of the bar may insert his professional card in a reputable law directory or reputable law list. As stated in Opinion No. 116 of the A. B. A. Committee on Professional Ethics, after referring to Canon 43 which contains the same provision in this respect as rule 45 of the State Bar:

"The line is strictly drawn by the Canons in permitting the insertion of the lawyer's name and a special branch of practice in a law list only. * * * this means a list circulated among lawyers and not intended to draw the attention of the public."

Rule 29 of the Rules of Professional Conduct provides:

"The use (but not publication except as provided in Rule 45) of simple introductory cards in the ordinary course of the practice of law is not improper. …

The solicitation of business by the distribution of cards or circulars, or by their publication, other than the publication of cards as permitted by Rule 45, or by other advertisement or by personal communication or interview not warranted by personal relations, is unprofessional."

The insertion of the card in the form submitted in the city directory is disapproved.