May a lawyer list fields of practice like 'Probate, Land Titles, Corporations' and 'General Practice in All Courts' on his letterhead?

Plain-English summary

The Central Committee asked whether an attorney in general practice could carry on his letterhead, in the upper left corner the column "Probate / Land Titles / Corporations," in the upper right corner the column "Income Tax / Estate Tax / Commercial," and below his name and designation as attorney at law the words "General Practice in All Courts."

The committee concluded he may not with propriety do so. It said Canon 27 prohibits advertising directly or indirectly, and that the letterhead constitutes a representation that the attorney is especially qualified to represent clients in the fields indicated, which is a form of advertising. The committee noted that the sole exception Canon 27 permits is that a lawyer admitted to practice as a proctor in admiralty, or admitted to practice before the Patent Office, may use that designation on his letterhead to indicate his qualifications.

Currency note

This opinion was issued in 1957, 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 bar on stating fields of practice 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 modern rules permit lawyers to communicate fields of practice. Treat this page as historical context, not current guidance.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 the lawyer list practice fields on his letterhead?

A: No. The committee concluded that listing fields like probate, land titles, and tax represents special qualification in those fields and is a form of advertising barred by Canon 27.

Q: Were there any exceptions?

A: The committee said the sole exception under Canon 27 is for a lawyer admitted as a proctor in admiralty or admitted to practice before the Patent Office, who may use that designation.

Background and rules framework

The opinion applied Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, which barred indirect advertising and permitted only the admiralty-proctor and patent-practitioner designations on a letterhead. 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): stating fields of practice on a letterhead is improper advertising, except the admiralty-proctor and Patent Office designations.

See also

• Okla. Bar Ethics Op. 176: "Tax attorney" designation and club rosters
• Okla. Bar Ethics Op. 186: Letterhead reference to being an official's counsel
• Okla. Bar Ethics Op. 182: Advertising a brief-writing service to lawyers

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-189/

Original opinion text

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

Adopted June 12, 1957

The Central Committee of the Oklahoma Bar Association has submitted to its Legal Ethics Committee the following inquiry:

INQUIRY

May an attorney, engaged in the general practice of law, carry with propriety on his letterhead in the upper left-hand corner the words, in column:

“Probate

Land Titles

Corporations”

and in the upper right-hand corner the words, in column:

“Income Tax

Estate Tax

Commercial”

and below his name and designation as attorney at law the words:

“General Practice in All Courts”?

OPINION

It is the opinion of the Committee that he may not with propriety so do. Canon 27 of the Canons of Legal Ethics of the American Bar Association prohibits advertising, either directly or indirectly, and it is the opinion of the Committee that the letterhead in question constitutes a representation by the attorney in question that he is especially qualified to represent clients in the fields indicated and constitutes a form of advertising. The sole exception permitted by Canon 27 is that a lawyer admitted to practice as a proctor in admiralty or a lawyer admitted to practice before the Patent Office may use the designation on his letterhead indicating bis qualifications.