May a new lawyer cooperate with an unsolicited newspaper feature story about his path through night law school?

Plain-English summary

A recently admitted member of the bar was approached by a newspaper reporter who wanted to do a feature story on the problems the lawyer faced acquiring his legal education after separating from military service, while married, supporting a family, and holding a responsible daytime job, all while attending night law school. The reporter intended to reveal the trials of the typical night law school student, the long hours of study needed to become an attorney, and the problems an attorney faces immediately after admission. The lawyer would receive no consideration, and the article was wholly the reporter's idea, not solicited.

The committee said the attorney may with propriety answer questions and volunteer personal data for such an article, so long as he insists that it be dignified and in good taste, and written in a tone that does not imply to the public that it is intended as advertisement for professional employment. He should see, as far as possible, that the published article carries out his instructions, should insist on reviewing it in advance, should correct inaccuracies, and should insist on eliminating material not in good taste. The committee said it would be his duty to discourage publication if he knew in advance the article was sensational, undignified, or might be construed as advertising. It quoted Drinker's test that the question, like many in legal ethics, is ultimately one of good faith and good taste.

Currency note

This opinion was issued in 1958, 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 advertising concerns underlying the opinion no longer reflect 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 Treat this page as historical context, not current guidance.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: Could the new lawyer cooperate with the feature story?

A: Yes. The committee said he may answer questions and volunteer personal data, provided the article is dignified, in good taste, and not framed as advertising.

Q: What was the lawyer expected to do about the article's content?

A: The committee said he should insist on reviewing it before publication, correct inaccuracies, eliminate material not in good taste, and discourage publication if it would be sensational, undignified, or construable as advertising.

Q: What standard governed the question?

A: The committee quoted Drinker that, in its ultimate analysis, the question is one of good faith and good taste.

Background and rules framework

The opinion applied the advertising principles of Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, to an unsolicited newspaper feature, resolving it on the good-faith-and-good-taste test from Drinker's treatise. 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): publicity tending to advertise the lawyer's profession is improper; the test here was good faith and good taste.

Other authorities:

• Henry S. Drinker, Legal Ethics (the question is one of good faith and good taste)

See also

• Okla. Bar Ethics Op. 187: A lawyer's photograph published in a newspaper
• Okla. Bar Ethics Op. 169: New lawyer's newspaper practice announcement
• Okla. Bar Ethics Op. 191: Paid photograph and biography in a special edition

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-193/

Original opinion text

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

Adopted February 10, 1958

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

INQUIRY

A member of the bar recently admitted to practice has been approached by a newspaper reporter with a request that the reporter be allowed to do a feature story for his paper concerning the problems faced by the lawyer in acquiring his legal education subsequent to his separation from military service and during a period in which he was married, had a family to support and held a responsible daytime job, all while attending night law school. It is the announced intention of the reporter to, in this manner, reveal the trials and tribulations of the typical night law school student and inform the public at large of the long hours of preparation and study necessary to become an attorney. The article will also include the problems faced by an attorney immediately after his admission to practice. The attorney will receive no consideration, and the article was not solicited but wholly the idea of the newspaper reporter.

OPINION

It is the opinion of the Committee that the attorney so solicited may, with propriety, answer questions and volunteer personal data in connection with the preparation of such an article, so long as he insists that the article be dignified and in good taste and, further, be written in such a tone as not to imply to the public that it is intended to constitute advertisement for professional employment. Further, he should see to it, as far as possible, that the article as published carries out his instructions. He should insist upon reviewing such an article in advance of publication and not only should correct inaccuracies but should insist upon the elimination of material not in good taste. It would be his duty to discourage the publication of such an article if he knew in advance that it was sensational or undignified or might be construed as advertising. The test is as stated by Mr. Drinker in his text on legal ethics:

“In its ultimate analysis, the question, like many of those involving legal ethics, is one of good faith and good taste.”