Can a lawyer keep a card in a city directory if he trims it to just his name and 'Attorney and Counsellor at Law'?

Plain-English summary

A lawyer reported that for some years he had carried a card in a city directory noting "Special attention to Civil Practice including Titles and probate," and wished to continue it in a trimmed form showing only his name and "Attorney and Counsellor at Law." He asked whether placing the revised card would violate Rule 45 or any other provision of the code of ethics.

The Board directed the inquirer to Advisory Opinion No. 124 (November 1936 Bar Journal), and added that Rule 45 also provides that a publication whose prime purpose is not the listing of lawyers, or which carries a roll of lawyers as an adjunct to other matter not addressed to the profession, is not a "reputable law directory" or "reputable law list," and that a publication whose circulation is not confined to members of the profession is likewise not within those terms. The Board concluded that the insertion of the proposed card in the city directory would contravene Rules 29 and 45.

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 advertising to the public through general directories 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 Treat this page as historical context, not current guidance.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: Would trimming the card to just a name and title make a city-directory listing proper?

A: No. The opinion held that even the pared-down card contravened Rules 29 and 45, because a city directory is not a reputable law list or directory.

Q: Why is a city directory not a "reputable law list"?

A: Under Rule 45, a publication whose prime purpose is not listing lawyers, or whose circulation is not confined to the profession, falls outside the terms "reputable law directory" and "reputable law list."

Background and rules framework

The opinion applied Rules 29 (solicitation) and 45 (placement only in reputable law directories or lists, with definitions excluding general-circulation publications) of the canon-era Oklahoma Rules of Professional Conduct, and built on Advisory Opinion No. 124. 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 publication whose prime purpose is not listing lawyers, or whose circulation is not confined to the profession, is not a reputable law directory or law list.
• Rule 29 (1929 Oklahoma Rules of Professional Conduct): prohibits solicitation by publication of cards beyond what Rule 45 permits.

Other opinions cited:

• Oklahoma Advisory Opinion No. 124 (November 1936 Bar Journal): a professional card in a city directory is disapproved.

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. 95: A card in a directory circulated to laymen

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-133/

Original opinion text

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

Adopted February 26, 1937

The Board of Governors is in receipt of the following inquiry:

"For some years past, we have carried a card in the City Directory of ………….. as follows:

' ………………….

Special attention to Civil Practice including Titles and probate.

………… Bldg. Phone ……..'

We would like to continue this card as follows:

' ………………….

Attorney and Counsellor [sic] at Law,

………… Bldg. Phone ……..'

Would I, in the opinion of the Board of Governors, be violating rule 45 or any other provision of the code of ethics by placing this card as above?"

In response:

The attention of the inquirer is directed to Advisory Opinion No. 124, appearing in the November, 1936, Bar Journal.

In addition to what was said in that opinion, it is observed that Rule 45 also provides:

"A publication, the prime purpose of which is not the listing of lawyers, or which contains a roll of lawyers as an adjunct to other matter not addressed to the profession, is not within the term 'reputable law directory' or the term 'reputable law list'."

"A publication the circulation of which is not confined to members of the profession is not within the term 'reputable law directory' or the term 'reputable law list'."

The Board is of the opinion that the insertion of the proposed card in the City Directory would be in contravention of Rules 29 and 45 of the Rules of Professional Conduct of the State Bar.