Can a lawyer write a newspaper column explaining the law, such as new city ordinances, under his own name and without pay?

Plain-English summary

The city of P had revised its ordinances, and because the public was unfamiliar with them, the local newspaper proposed to publish a portion each day with explanatory remarks by a local attorney. Attorney A was asked to write the column, which would appear under his name with a small statement by the editor, and he was to receive no pay. He asked the State Bar about the ethics involved.

The Board of Governors concluded the proposed conduct did not violate the rules. Rule 42 provides that a lawyer may, with propriety, write articles for publication giving information on the law, but should not accept employment from such publications to advise inquirers about their individual rights. The proposal fell within what Rule 42 permits and did not come within Rule 29's prohibition on direct or indirect advertising. Finding no other pertinent rule, the Board concluded the plan did not violate the rules of professional conduct. It cited Opinion 264 of the New York City Lawyers' Association, which reached the same result with the admonition that a lawyer should not advise persons who inquire of him as a result of the publications about their individual rights.

Currency note

This opinion was issued in 1932, 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 The rules cited here, Rules 42 and 29, belong to that superseded canon-era code. Restrictions on lawyer advertising of the kind referenced were later substantially limited by Bates v. State Bar of Arizona, 433 U.S. 350 (1977), and subsequent First Amendment decisions. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Could a lawyer write a newspaper column explaining the law in 1932?

A: The Board concluded yes. Rule 42 permitted writing articles giving information on the law, and the unpaid column under the lawyer's name did not violate the rules.

Q: Was the column considered advertising?

A: No. The Board concluded the proposal did not come within Rule 29's prohibition on direct or indirect advertising.

Q: What limit did the Board attach?

A: Citing New York City Lawyers' Association Opinion 264, the Board noted the lawyer should not accept employment, or advise persons who contact him because of the column, about their individual rights.

Background and rules framework

The opinion applied Rule 42 of the then-current Oklahoma Rules of Professional Conduct, allowing a lawyer to write articles giving information on the law but not to accept employment to advise inquirers about individual rights, and Rule 29, which barred direct or indirect advertising. The Board found the unpaid explanatory column within Rule 42 and outside Rule 29. It relied on New York City Lawyers' Association Opinion 264. These rules were patterned on the ABA Canons of Professional Ethics in force at the time.

Citations and references

Rules of Professional Conduct:

• Rule 42 (1929 Oklahoma Rules of Professional Conduct): a lawyer may write articles giving information on the law but should not accept employment to advise inquirers about their individual rights.
• Rule 29 (1929): direct or indirect advertising is prohibited.

Other opinions cited:

• New York City Lawyers' Association, Opinion 264: a lawyer may write such articles but should not advise inquirers about their individual rights.

See also

• Okla. Bar Ethics Op. 12: Answering Legal Questions on the Radio
• Okla. Bar Ethics Op. 19: Real-Estate Corporation Publishing Legal Advice
• Okla. Bar Ethics Op. 35: Newspaper Card Touting "Fair Treatment"

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-45/

Original opinion text

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

Adopted December 28, 1932

The Board of Governors is in receipt of the following request for an opinion:

"I wish an advisory opinion on the following question and trust that you will see that this letter gets to the proper source of information.

The city of P. has recently revised its city ordinances and are available in book form. The population at large is unfamiliar with these ordinances so the local newspaper has decided to publish a portion of them every day along with some explanatory remarks by a local attorney. The attorney A, has been asked to undertake this work which, if carried out, will appear as a special column carrying the attorney's name and a small statement by the editor. It is understood that he, the attorney, is to receive no remuneration for this work.

Attorney A above wishes to learn the advice of the State Bar Association as to the ethics or rules of professional conduct involved."

In response:

The proposed course of conduct is not in contravention of Rule 42 of the Rules of Professional Conduct, which provides:

"A lawyer may with proper propriety write articles for publication in which he gives information upon the law; but he should not accept employment from such publications to advise inquirers in respect to their individual rights."

Nor does it come within the inhibition of Rule 29, which interdicts advertising, direct or indirect.

There is no other pertinent rule. The proposed plan therefore does not violate the rules of professional conduct of the State Bar.

We are supported in this conclusion by Opinion 264 of the Committee on Professional Ethics of the New York City Lawyers' Association which, however, incorporates the admonition that a member of the Bar should not advise persons inquiring of him as a result of the publications, as to their respective individual rights.