May a lawyer buy a listing in a paid classified directory published by a private firm that solicited him?

Plain-English summary

The committee addressed solicitations members of the Bar had received to list their names, for a stated price, in a classified directory to be published by a firm located in the state. It concluded that, in view of the clear wording of Canon 43 and the Bar's numerous opinions, such a listing is clearly prohibited.

To guard against members being misled by the attractive solicitation, the committee repeated Canon 43, which it quoted as providing that it is improper for a lawyer to permit his name to be published in a law list whose conduct, management, or contents are calculated or likely to deceive or injure the public or the profession, or to lower the dignity or standing of the profession. The committee then set out the only permitted listings: the yellow pages of the telephone directory (a simple listing), legitimate city directories that include all members of the Bar, directories of civic clubs and Chambers of Commerce subject to the restrictions set out in opinions approved the same date, and approved law lists. No other listing, it said, is proper.

Currency note

This opinion was issued in 1964, 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 restrictions underlying this 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 directory listings are treated differently 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 Treat this page as historical context, not current guidance.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 pay to be listed in the solicited classified directory?

A: No. The committee said that under Canon 43 and the Bar's numerous prior opinions, a paid listing in such a private classified directory is clearly prohibited.

Q: What directory listings did the committee say are permitted?

A: A simple yellow-pages telephone listing, legitimate city directories that include all members of the Bar, civic-club and Chamber of Commerce directories within the restrictions of the same-date opinions, and approved law lists. No other listing is proper.

Q: What test did Canon 43 apply to law lists?

A: As quoted, Canon 43 makes it improper for a lawyer to be published in a law list whose conduct, management, or contents are calculated or likely to deceive or injure the public or the profession, or to lower its dignity or standing.

Background and rules framework

The opinion applied Canon 43 of the Canons of Professional Ethics, adopted in Oklahoma, governing law lists and directory listings, to a privately solicited paid classified directory. It tied its conclusion to companion directory opinions approved the same date (Opinions 224, 225, and 226). The opinion predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Canon 43 (ABA Canons of Professional Ethics, adopted by the Oklahoma Bar): improper for a lawyer to be published in a law list whose conduct, management, or contents are likely to deceive or injure the public or the profession, or lower its dignity.

See also

• Okla. Bar Ethics Op. 225: Attorney listings in civic club directories
• Okla. Bar Ethics Op. 226: Multiple classifications in a city directory
• Okla. Bar Ethics Op. 224: Paid "Who's Who" directory listings

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-227/

Original opinion text

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

Adopted April 16, 1964

INQUIRY

Members of the Bar have recently received solicitations to have their names listed in a classified directory to be published by a firm located in the state. The price of such listing is contained in the solicitation.

OPINION

In view of the clear wording of Canon 43 and the numerous opinions of the Bar, a listing in such a directory is clearly prohibited. However, lest some member be misled by the attractive solicitation, Canon 43 is repeated here:

“It is improper for a lawyer to permit his name to be published in a law list the conduct, management or contents of which are calculated or likely to deceive or injure the public or the profession, or to lower the dignity or standing of the profession.”

The yellow pages of the Telephone Directory, where a simple listing may appear and listings in legitimate city directories including all members of the Bar are the only exceptions. Listings in directories of civic clubs and Chambers of Commerce are permitted only under restrictions set out in opinions approved this date. No other listing is proper except in approved law lists.