May a lawyer be on the FAA's distributed list of 'qualified examiners,' and may a lay company advertise 'Bonded-Lawyers' on its order forms?

Plain-English summary

After the Federal Aviation Agency moved its office to Oklahoma City, a nationwide demand arose for certificates of search of aircraft records, raising two questions. First, the FAA maintained a list of "qualified examiners" that included both lay companies and local attorneys, and the question was whether a bar member could properly let his name appear on it. Second, a lay company distributed a form for customers to request "Examiner's Certificates" that carried the quoted phrase "Bonded-Lawyers," and the question was whether that phrase was proper.

The committee answered no to both. As to the list, it explained that the FAA distributes the list on inquiry, so a bar member whose name appears is in effect soliciting business in direct violation of Canon 27; any bar member is as qualified to search the records as those on the list, and those listed (whether or not they solicited the listing) must see that their names are removed. As to the second question, the committee said the term "Bonded-Lawyers" was such a flagrant violation of Canons 33 and 47 that it hardly required comment: if the lay agency actually employs lawyers, they violate the canon by permitting their office to be exploited; if the "lay agency" is a cloak for lawyers avoiding the ethical prohibitions, it is equally reprehensible; and if no lawyers are involved, it is a fraud. In any event, the committee said the association should take steps to see the practice discontinued.

Currency note

This opinion was issued in 1961, 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 and solicitation prohibitions 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 communications 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 Treat this page as historical context, not current guidance.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 let his name appear on the FAA's "qualified examiners" list?

A: No. The committee said that because the FAA distributes the list on inquiry, a listed bar member is in effect soliciting business in direct violation of Canon 27.

Q: What should a listed lawyer do?

A: The committee said those whose names appear, whether they solicited the listing or not, must see that they are removed.

Q: Could a lay company advertise "Bonded-Lawyers" on its order forms?

A: No. The committee said the phrase flagrantly violates Canons 33 and 47, whether the company exploits employed lawyers, is a cloak for lawyers evading the canons, or is a fraud if no lawyers are involved.

Background and rules framework

The opinion applied Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, which bars solicitation, to a lawyer's appearance on a distributed examiner list, and Canons 33 and 47, which bar partnership-name misuse and aiding the unauthorized practice of law, to a lay company's "Bonded-Lawyers" 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): bars solicitation of business.
• Canon 33 (ABA Canons of Professional Ethics, adopted by the Oklahoma Bar): partnership and firm-name restrictions.
• Canon 47 (ABA Canons of Professional Ethics, adopted by the Oklahoma Bar): a lawyer must not aid the unauthorized practice of law.

See also

• Okla. Bar Ethics Op. 213: Practicing law as a professional corporation
• Okla. Bar Ethics Op. 207: Insurance company ad announcing a lawyer as a special representative
• Okla. Bar Ethics Op. 197: Telephone-directory listing under "Adjuster"

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-214/

Original opinion text

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

Adopted December 14, 1961

Since the Federal Aviation Agency (FAA) has moved its office to Oklahoma City, a nation-wide demand for certificates of search has arisen. In connection with these searches, several questions of ethical conduct of members of the Bar have been submitted.

INQUIRY

(1) The FAA maintains a list of “qualified examiners” which includes both lay companies and local attorneys. Is it proper for a member of the Bar to permit his name to be included on such list?

(2) A lay company distributes a form for its customers to use in requesting “Examiner’s Certificates.” On this form in quotations appear the words “Bonded-Lawyers.” Is it proper for such a phrase to so appear?

OPINION

The answer to both questions is “No.” The so-called list of “qualified examiners” is distributed by the FAA upon inquiry with the result that a member of the Bar whose name appears thereon is in effect soliciting business in direct violation of Canon 27. Any member of the Bar is as fully qualified to make a search of those records as those whose names appear on the list and it is incumbent upon those whose names do appear, whether they solicited such listing or not, to see that they are removed.

As to the second inquiry, the use of the term “Bonded-Lawyers” is such a flagrant violation of Canon 33 and Canon 47 that it hardly requires comment. If the lay agency actually employs lawyers, these lawyers are in violation of the canon by permitting their office to be exploited. If the “lay agency” is actually a cloak for lawyers to avoid the ethical prohibitions, it is equally reprehensible. If in fact no lawyers are involved, it is a fraud. In any event the Association should take steps to see that the practice is discontinued.