Can a lawyer who runs a family-mediation practice advertise in the 'Counselors' section of the Yellow Pages as well as the 'Attorneys' section?

Plain-English summary

A lawyer has an active family-mediation practice and already advertises under the "Attorneys" section of the Yellow Pages. The lawyer also wants to advertise under the "Counselors, Marriage, Family, Child, and Individual" section. The opinion asks whether the lawyer may do so, and answers yes, qualified.

The opinion frames the analysis under Oregon RPC 7.1 (no false or misleading communication about the lawyer or the lawyer's services) and Oregon RPC 7.5(a) (firm names and designations must not violate RPC 7.1). It distinguishes two cases. If the lawyer maintains an independent counseling business, separate from the legal business, the lawyer may do so and advertise it, but that advertising and conduct cannot involve dishonesty, fraud, deceit, or misrepresentation reflecting adversely on fitness under RPC 8.4(a)(3).

If instead the lawyer intends to advertise as a lawyer in the Counselor section, the lawyer may do so provided the advertisement is not false or misleading under RPC 8.4(a)(3), 7.1, and 7.5. Because a person reading the Counselor section is normally seeking counseling services and would tend to believe the advertiser has special qualifications in and offers counseling, the advertisement must reflect the lawyer's status as a lawyer offering services as a family mediator.

In practice

The opinion holds that, under the Oregon rules, dual-profession advertising in the Counselor section is permitted whether the lawyer runs a separate counseling business or advertises as a lawyer, with the controlling limit that the advertisement not mislead. The analysis turns on the expectations of readers in the Counselor section and on whether the advertisement accurately reflects the lawyer's status as a lawyer offering family-mediation services. Verify the current text of Oregon RPC 7.1, 7.5, and 8.4 before relying on any specific point.

Common questions

Q: Can a lawyer advertise in the Yellow Pages Counselor section as well as the Attorney section?

A: Qualified yes. The opinion concludes a lawyer may advertise there, whether running a separate counseling business or advertising as a lawyer, so long as the advertisement is not misleading.

Q: What does the Counselor-section ad have to make clear?

A: It must reflect the lawyer's status as a lawyer offering services as a family mediator, because readers of that section normally expect counseling services and special counseling qualifications.

Q: Can I run a counseling business separate from my law practice?

A: Yes. The opinion concludes a lawyer may maintain an independent counseling business, subject to the bar on dishonest or misleading conduct in RPC 8.4(a)(3).

Background and rules framework

The opinion interprets Oregon RPC 7.1 (false or misleading communications) and 7.5(a) (firm names and professional designations), corresponding to Model Rules 7.1 and 7.5, and Oregon RPC 8.4(a)(3) (dishonesty or misrepresentation), corresponding to Model Rule 8.4.

Citations and references

Rules of Professional Conduct:

• Oregon RPC 7.1 / Model Rule 7.1 (false or misleading communications)
• Oregon RPC 7.5(a) / Model Rule 7.5 (firm names and professional designations)
• Oregon RPC 8.4(a)(3) / Model Rule 8.4 (dishonesty, fraud, deceit, misrepresentation)

Cases:

• In re Houchin, 290 Or 433, 622 P2d 723 (1981)
• In re Staar, 324 Or 283, 924 P2d 308 (1996)

Other opinions cited:

• OSB Formal Ethics Op. No. 2005-101 (rev 2015) (mediation services generally)
• OSB Formal Ethics Op. No. 2005-10 (separate non-law business)

See also

• OSB Ethics Op. 2005-107: Producing General Legal-Information Tapes
• OSB Ethics Op. 2005-101: Lawyer as Mediator, Trade Names, and Fee Division with a Nonlawyer

Source

• Landing page: https://www.osbar.org/ethics/toc.html
• Original PDF: https://www.osbar.org/_docs/ethics/2005-108.pdf