May a law firm's letterhead advertise that its members are former public officials, such as an ex-judge or ex-U.S. Commissioner?

Plain-English summary

The inquiry asked whether a firm could use a letterhead that, alongside the firm name and address, designated one member as an "Ex Judge of Superior Court" and another as an "Ex U.S. Commissioner."

The committee answered no. It held that a letterhead calling attention to the fact that its members are ex-public officeholders violated Canon 27, which it quoted: the canon makes it unprofessional to solicit professional employment by indirect advertisements and self-laudation that offend the traditions and lower the tone of the profession, while allowing the customary use of simple professional cards. The committee characterized the ex-office designations as self-laudation calling attention to self-importance, a form of indirect advertising, the apparent reason for which was to attract attention in an unusual manner and induce prospective clients to give the firm employment.

Currency note

This opinion was issued in 1952, 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. Canon 27, the advertising and self-laudation rule applied here, belongs to that superseded canon-era code, and the flat prohibition it states no longer reflects current law: the United States Supreme Court held in Bates v. State Bar of Arizona, 433 U.S. 350 (1977), that categorical bans on truthful lawyer advertising violate the First Amendment, and letterhead and advertising are now governed by very different rules. Treat this page as historical context, not current guidance.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: What rule did the ex-office letterhead violate?

A: The committee held it violated Canon 27, which barred indirect advertising and self-laudation while permitting the customary use of simple professional cards.

Q: Why did the committee treat the designations as advertising rather than ordinary identification?

A: It characterized the ex-office designations as self-laudation calling attention to self-importance, reasoning that the apparent purpose was to attract attention in an unusual manner and induce prospective clients to give the firm employment.

Background and rules framework

The opinion applied Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, which made it unprofessional to solicit employment by indirect advertisements or self-laudation but permitted simple professional cards. The opinion predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Canon 27 (ABA Canons of Professional Ethics, adopted by the Oklahoma Bar): bars indirect advertising and self-laudation; permits the customary use of simple professional cards.

See also

• Okla. Bar Ethics Op. 152: Keeping a deceased partner's name in the firm name
• Okla. Bar Ethics Op. 77: Firm name after a partner takes public office
• Okla. Bar Ethics Op. 155: Newspaper professional cards as solicitation

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-157/

Original opinion text

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

Adopted October 8, 1952

Joe Doakes LAW OFFICES Richard Roe

Ex Judge of ROE & DOAKES Ex U. S.

Superior Court 214 Blank Bldg. Commssioner [sic]

Blank, Oklahoma

QUERY

Can a firm of lawyers ethically use the above letterhead?

ANSWER

A letterhead which calls attention to the fact that its members are ex public office holders violates Canon 27 which reads in part:

“It is unprofessional to solicit professional employment by circulars, advertisements, through touters, or by personal communications or interviews not warranted by personal relations. Indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer’s position, and all other like self-laudation, offend the traditions and lower the tone of our profession and are reprehensible; but the customary use of simple professional cards is not improper.”

Such designation is self-laudation calling attention to self importance which is indirect advertising and therefore offends the traditions of our profession. The apparent reason for placing such designation on the letterhead is to attract attention in an unusual manner and induce prospective clients to give them employment.