Is it unethical for a lawyer to pose for a newspaper photo published with a story about a large judgment he won?

Plain-English summary

The Central Committee referred a newspaper carrying a three-column photo of a lawyer standing before a stack of law books with a chart of the spine, holding what appeared to be a section of the spine, captioned with the affirmance of a large personal-injury judgment and a note that the attorney used charts and a lumbar section of the spine to explain the effect of a predisposing condition, followed by a three-column story about the affirmance. A later edition of the same paper carried two more front-page stories about the same attorney recovering a large judgment and a substantial industrial-commission award, without a picture. The committee was asked whether the article and picture violated the Canons.

The committee answered that if the attorney procured the use of the picture, this would be unethical and improper and would constitute indirect advertising. It quoted Canon 27, which treats indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments or procuring one's photograph to be published in connection with causes in which the lawyer is engaged, the magnitude of the interest involved, the importance of the lawyer's position, and all other self-laudation, as reprehensible. The committee recognized that a lawyer cannot prevent a publisher from reciting facts and using his name in a news story, but said he can and should refuse to pose for pictures, as the lawyer in the picture obviously did.

Currency note

This opinion was issued in 1955, 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's flat treatment of indirect advertising 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 lawyer advertising is 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 Treat this page as historical context, not current guidance.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: Was the newspaper photo a Canon violation?

A: The committee said it would be unethical and improper indirect advertising under Canon 27 if the attorney procured the use of the picture.

Q: Is a lawyer responsible for a news story that merely names him?

A: The committee recognized that a lawyer cannot prevent a publisher from reciting facts and using his name in a news story.

Q: What was the lawyer expected to do about the photograph?

A: The committee said he can and should refuse to pose for pictures, observing that the lawyer in the picture obviously did pose.

Background and rules framework

The opinion applied Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, which treated procuring one's photograph to be published in connection with causes the lawyer handled, and other self-laudation, as improper indirect advertising. 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): indirect advertisements for professional employment, such as procuring one's photograph to be published in connection with causes the lawyer handled, are reprehensible.

See also

• Okla. Bar Ethics Op. 174: Mailing a tax leaflet to clients
• Okla. Bar Ethics Op. 176: "Tax attorney" designation and club rosters
• Okla. Bar Ethics Op. 173: Lawyer's automobile license tag ornament

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-179/

Original opinion text

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

Adopted March 9, 1955

QUESTION

The Central Committee has referred a copy of a newspaper showing a three column cut of a picture of a lawyer in front of a stack of law books with a chart of the spine–and with what appears to be a section of the spine in his hand. Over the picture in large print is the caption:

“Supreme Court affirms $ 000,000 Personal Injury Judgment”

and under the picture the following:

“Attorney ___ using __ charts and lumbar section of spine to explain effect of predisposing condition.”

then follows a three column story concerning the affirmance of the judgment.

They ask if this article and picture is a violation of the Canons of Ethics.

Since receiving this inquiry we have received another and later edition of the same newspaper with two front page stories about the same attorney recovering a large judgment and an industrial commission award for a very substantial sum. There is no picture with these two stories.

ANSWER

If the attorney procured the use of the picture, this would be unethical and improper. It constitutes indirect advertising.

Canon 27 reads in part as follows,

“… 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 self-laudation, offend the traditions and lower the tone of our profession and are reprehensible; … *”.

We appreciate the fact that a lawyer cannot prevent a publisher from reciting facts and using his name in a news story. He can and should refuse to pose for pictures as the lawyer in the picture so obviously did.