Ezel / Ethics Opinions / OSB
OSB April 2015

Can a part-time judge's or legislator's private law office answer the phone as 'Judge ___'s office' or 'Senator ___'s office'?

Short answer: No. The opinion concludes that answering a private law office's public phone by referring to the lawyer's judicial or legislative title is a false or misleading communication and improperly implies an ability to influence government, violating RPC 7.1 and 8.4(a)(5).

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This page answers the general question as of 2015. Ezel answers yours: whether it's allowed on your facts, under the current Oregon Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2015
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Lawyer A is a part-time judge and Lawyer B is a member of the state legislature. The opinion asks whether it is ethical for each lawyer's office receptionist to answer the telephone at the private law office as "Judge 's office" or "Senator 's office."

The opinion concludes no to both. It applies Oregon RPC 7.1, which bars false or misleading communications about a lawyer or the lawyer's services, and RPC 8.4(a)(5), which makes it misconduct to state or imply an ability to influence improperly a government agency or official.

The opinion notes that the name of a lawyer holding public office may be used in a law firm's name during a period when the lawyer is actively and regularly practicing (RPC 7.5(c)), but concludes that answering the public reception phone at a private law office by referring to the lawyer's judicial or legislative position would violate both RPC 7.1 and RPC 8.4(a)(5). It adds that, as a part-time judge, Lawyer A's conduct may also be governed by the Oregon Code of Judicial Conduct, which cautions against misusing the prestige of judicial office for personal advantage.

In practice

Under the Oregon rules as they stood at the time of the opinion, RPC 7.1 and RPC 8.4(a)(5) barred a private law office from using a lawyer's government title to answer its phone, because the title carries a misleading implication about the lawyer's services and influence. Per the opinion, a public-office holder's name may still appear in a firm name under RPC 7.5(c) while the lawyer actively practices, but the title may not be used to answer the office phone.

Common questions

Q: Can a part-time judge's law office answer the phone as "Judge ___'s office"?

A: No. The opinion concludes this violates RPC 7.1 (misleading communication) and RPC 8.4(a)(5) (implying improper government influence).

Q: Can a legislator-lawyer's office use the "Senator" title to answer calls?

A: No. The opinion reaches the same conclusion for a legislative title.

Q: Can a lawyer who holds public office keep that name in the firm name?

A: Yes, with limits. The opinion notes RPC 7.5(c) allows the name in the firm name during a period when the lawyer is actively and regularly practicing with the firm.

Background and rules framework

The opinion interprets Oregon RPC 7.1 (false or misleading communications about a lawyer's services), RPC 8.4(a)(5) (implying an ability to influence government improperly), and RPC 7.5(c) (use of a public-office holder's name in a firm name). These track Model Rules 7.1 and 8.4; RPC 7.5(c) is an Oregon firm-name provision.

Citations and references

Rules of Professional Conduct:

  • Oregon RPC 7.1 / Model Rule 7.1 (communications about a lawyer's services)
  • Oregon RPC 8.4(a)(5) / Model Rule 8.4 (implying improper government influence)
  • Oregon RPC 7.5(c) (use of a public-office holder's name in a firm name)
  • Oregon Code of Judicial Conduct Rule 2.2

See also

Source

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