Can a lawyer mail other lawyers postcards advertising his brief-writing service?

Plain-English summary

The Board was asked whether it violates the rules of professional conduct to mail members of the bar, from time to time, postal cards giving the lawyer's name, address, and phone, stating that his business is the general practice of law in state and federal courts, and that for thirty years he has given special attention to writing law briefs for other lawyers (state, federal, and trial briefs).

The Board said the inquiry was fully answered by several of its earlier Advisory Opinions and by ABA Opinions 1 and 36, but added comment in light of later developments. It noted that Rule 29, amended February 25, 1936, permits the use (but not publication, except as provided in Rule 45) of simple introductory cards in the ordinary course of practice, which may state the lawyer's name and associates, profession, address, telephone, and special branch of practice, while making solicitation by distributing or publishing cards (other than as Rule 45 permits) unprofessional; the amendment only made the existing construction clearer. The Board then discussed Rule 48 (adopted January 8, 1934), which permits a brief, dignified notice of a specialized legal service rendered directly and only to other lawyers, inserted in legal periodicals and like publications. The Board held that Rule 48 does not permit the conduct in the inquiry: by its terms it allows only a brief dignified notice in legal periodicals and like publications, and Rule 48 is narrowed by the subsequent adoption of amended Rule 45 (November 24, 1935), which permits cards of the nature referred to in Rule 48 to be inserted only in law lists or directories approved by the Board of Governors.

Currency note

This opinion was issued in 1937, 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 mailed solicitation has since been narrowed by constitutional decisions on lawyer advertising and solicitation 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 Treat this page as historical context, not current guidance.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 mail other lawyers cards advertising his brief-writing service?

A: No. The opinion held that mailing such cards is improper solicitation; a notice of a specialized service for lawyers may be inserted only in approved law lists or directories.

Q: Doesn't Rule 48 allow advertising a specialized service to lawyers?

A: Only narrowly. Rule 48 permits a brief, dignified notice in legal periodicals and like publications, but the Board held amended Rule 45 narrowed it so such notices may appear only in law lists or directories approved by the Board of Governors, not in mailed cards.

Background and rules framework

The opinion applied Rule 29 (use versus publication of cards; solicitation), Rule 48 (notice of a specialized service rendered only to lawyers), and Rule 45 (placement only in approved law lists or directories) of the canon-era Oklahoma Rules of Professional Conduct, noting their amendment history, and relied on several Oklahoma advisory opinions and ABA Opinions 1 and 36. It predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Rule 29 (1929 Oklahoma Rules of Professional Conduct, as amended Feb. 25, 1936): the use of simple introductory cards is not improper, but soliciting by distributing or publishing cards beyond what Rule 45 permits is unprofessional.
• Rule 48 (1929 Oklahoma Rules of Professional Conduct): a brief, dignified notice of a specialized service rendered only to lawyers may appear in legal periodicals and like publications.
• Rule 45 (1929 Oklahoma Rules of Professional Conduct, as amended Nov. 24, 1935): cards of the nature in Rule 48 may be inserted only in approved law lists or directories.

Other opinions cited:

• Oklahoma Advisory Opinions Nos. 3, 4, 8, 9, 22, and 105.
• ABA Committee on Professional Ethics and Grievances Opinions 1 and 36.

See also

• Okla. Bar Ethics Op. 124: A professional card in a city directory
• Okla. Bar Ethics Op. 129: A bold-type listing in a telephone directory
• 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-132/

Original opinion text

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

Adopted February 26, 1937

The Board is in receipt of the following inquiry:

"I desire to inquire whether or not it is a violation of the rules of professional conduct to mail to members of the bar, from time to time, postal cards containing substantially the following:

' …………………., Lawyer

(address) ………….., ……..

Phone No. ……..

My business is general practice of law in state and federal courts.

For thirty years I have given special attention to writing law briefs for other lawyers, state, federal, and trial briefs'."

In response:

The inquiry is fully answered by Advisory Opinions No. 3 (Vol. 1, Adv. Op. p. 15); No. 22 (Vol. 1, Adv. Op. p. 47); by Advisory Opinions Nos. 4, 8, 9, and 105 appearing in the same volume: and by opinions 1 and 36 of the A. B. A. Committee on Professional Ethics and Grievances, appearing at pages 1 and 104, respectively, of Vol. 1 of the bound opinions of that committee.

It is thought proper, however, to add to those opinions in view of subsequent developments.

Rule 29 of the Rules of Professional Conduct was amended February 25, 1936 to read, inter alia, as follows:

"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. Such cards may, with propriety, contain a statement of the lawyer's name (and those of his lawyer associates), his profession, address, telephone number, and special branch, if any, of the profession practiced by him.

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."

Rule 29 as amended but made more clear the rule as construed by the opinions hereinbefore referred to.

On January 8, 1934 Rule 48 of the Rules of Professional Conduct was adopted. It provides:

"Where a lawyer is engaged in rendering a specialized legal service directly and only to other lawyers, a brief, dignified notice of that fact, couched in language indicating that it is addressed to lawyers, inserted in legal periodicals and like publications, when it will afford convenient and beneficial information to lawyers desiring to obtain such services, is not improper."

Rule 48 does not permit the course of conduct indicated by the present inquiry. By its terms it permits "a brief dignified notice" of a specialized legal service, inserted in "legal periodicals and like publications." Rule 48 is narrowed by the subsequent adoption (November 24, 1935) of amended Rule 45, which permits cards of the nature referred to in Rule 48 to be inserted only in law lists or directories, approved by the Board of Governors.