May a lawyer running for public office state on campaign cards that he is a lawyer and describe his qualifications for the office?

Plain-English summary

Two members of the bar asked about the ethics of campaign cards for lawyers seeking elective office: one for a congressional candidate styled "A Lawyer for a Law-Maker's Job," and one for a state-representative candidate listing him as "Lawyer, Home Owner, Native Son," noting that government and law were his major college studies and that he regularly attended legislative committee hearings.

The committee concluded the cards were not unethical. It reasoned that the presumption is that attorneys who run for public office are actually seeking the office, not campaigning merely to advertise themselves as lawyers, so the designations on the cards serve to make known the candidate's qualifications for the office sought. Because candidates must seek the office, the committee said there is nothing unethical in a candidate setting forth his qualifications, one of which is that he is trained in the law, provided the card is at all times presented in a dignified and wholesome manner. It found the cards had done so, suggesting only that the first card would be in better taste had the "Attorney at Law" designation been less prominent and placed after the office sought rather than immediately after the name.

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. The opinion was decided against the backdrop of the canon-era restrictions on lawyer advertising, which were later limited by the United States Supreme Court in Bates v. State Bar of Arizona, 433 U.S. 350 (1977); lawyer advertising and political activity are governed by different rules today. Treat this page as historical context, not current guidance.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-candidate state on a campaign card that he is a lawyer?

A: Yes. The committee concluded there is nothing unethical in a candidate setting forth his qualifications, one of which is that he is trained in the law, presuming he is genuinely seeking the office.

Q: Did the committee place any limit on such cards?

A: It said the card should at all times be presented in a dignified and wholesome manner, and suggested that one card would be in better taste had the "Attorney at Law" designation been less prominent and placed after the office sought.

Background and rules framework

The opinion was decided under the Canons of Professional Ethics, adopted in Oklahoma, which restricted advertising and self-laudation (Canon 27) but did not bar a candidate for public office from stating his qualifications. 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): the advertising and self-laudation framework against which the campaign cards were measured.

See also

• Okla. Bar Ethics Op. 157: Letterhead touting members' former public offices
• Okla. Bar Ethics Op. 155: Newspaper professional cards as solicitation
• Okla. Bar Ethics Op. 133: Revised professional card in a city directory

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-158/

Original opinion text

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

Adopted October 8, 1952

QUERY

Two members of the Oklahoma Bar Association have made inquiry as to the ethics of using campaign cards which read in part as follows:

RICHARD ROE

Attorney at Law

Democratic Candidate for CONGRESS

1st Congressional District

…………

A LAWYER FOR A LAW-MAKER’S JOB

RICHARD ROE

Republican for State Representative

LAWYER—HOME OWNER—NATIVE SON—AGE 36.

GOVERNMENT and LAW were his MAJOR COLLEGE STUDIES.

He attends regularly the committee hearings of the Oklahoma Legislative Council, where important Legislation is being considered by members of the next Oklahoma Legislature.

VOTE for the QUALIFIED CANDIDATE

OPINION

The presumption is that attorneys who run for public office are actually seeking said office and are not campaigning merely to advertise themselves as lawyers, therefore the designation on campaign cards is for the purpose of making known his qualifications for the office sought. Under our form of Government candidates must seek the office, and not the office the candidate, and there is nothing unethical in a candidate setting forth his qualifications, one of which is that he is trained in the law. The card should at all times be presented in a dignified and wholesome manner as befits a lawyer and a gentleman. We feel that the above cards have done so.

Perhaps the first card would be in better taste had the designation of “Attorney at Law” been given a less prominent position and placed after the office sought rather than immediately following the name.