I want to run a newspaper ad in the 'Homes for Sale' section labeling myself 'Real Estate Attorney' along with my name and contact information. Do I need to say anything else to comply with Rule 7.4?

Plain-English summary

The attorney submitted for panel review a newspaper advertisement he planned to run in the "Homes for Sale" section. The first line read "Real Estate Attorney" in capital letters, the second line was the attorney's full name, and the following lines gave his office address and phone number.

The panel quoted Rule 7.4, which allows a lawyer to communicate that the lawyer does or does not practice in particular fields of law, but bars a lawyer from indicating that his or her practice is limited to or concentrated in particular fields unless the same communication also states that Rhode Island has no procedure for certification or recognition of specialization by lawyers, and bars a lawyer from stating or implying that the lawyer is a specialist except as the rule otherwise provides. The panel reasoned that while Rule 7.4 permits an attorney's advertising to state that he accepts real estate cases, the appellation "Real Estate Attorney" could be read either as the permissible statement that he accepts real estate cases or as the impermissible suggestion that Rhode Island recognizes a "Real Estate Attorney" specialty, placing the advertisement in a gray area that could conceivably mislead a potential client. The panel held that to avail himself of panel protection, the attorney must include the disclaimer set forth in the rule stating that no procedure exists in Rhode Island for the certification or recognition of specialization by lawyers.

Currency note

This opinion was issued in January 1990, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 7.4 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can I advertise myself as a "Real Estate Attorney" without qualification?

A: Not to obtain panel protection. The panel found the label falls in a gray area that could mislead a potential client into believing Rhode Island recognizes a "Real Estate Attorney" specialty, and required the attorney to include Rule 7.4's disclaimer to be protected.

Q: What must the disclaimer say?

A: Per the opinion, the disclaimer must state, in the terms set forth in Rule 7.4, that no procedure exists in Rhode Island for the certification or recognition of specialization by lawyers.

Q: Does Rule 7.4 let me say at all that I handle real estate matters?

A: Yes. The opinion states Rule 7.4 permits an attorney to communicate the fact that he practices in particular fields of law, so it would be permissible for the advertisement to state that the attorney accepts cases involving real estate.

Background and rules framework

The opinion applies Rule 7.4 of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, which permits a lawyer to advertise the fields of law the lawyer practices but bars implying specialization without the rule's required no-certification disclaimer, to an inquiry about a "Real Estate Attorney" newspaper advertisement.

Citations and references

Rules of Professional Conduct:

• MR 7.4 (communication of fields of practice and specialization)
• RI RPC 7.4, as adopted November 15, 1988

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• AZ Bar Op. 87-04: Communications; Lawyer's Services; Fields of Practice

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2090-10.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL

OPINION #90-10, REQUEST #82
Issued January 18, 1990

An attorney seeks Panel advice as to whether he may properly run a certain advertisement.

The attorney states that he plans to run his advertisement in the "Homes for Sale" section of the newspaper. The attorney has submitted a copy of the advertisement for Panel review. The first line reads "Real Estate Attorney" in capital letters. The second line is the attorney's full name. The third, fourth and fifth lines are, respectively, the attorney's office street address, town, state and zip code and lastly, his phone number.

Rule 7.4 provides in pertinent part:

A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer may not, however, indicate that his or her practice is limited to or concentrated in particular fields of law unless, as part of the same communication, the lawyer also indicates that Rhode Island does not have a procedure for certification or recognition of specialization by lawyers. A lawyer shall not state or imply that the lawyer is a specialist except as follows * * *

Since Rule 7.4 permits an attorney to indicate the fact that he practices in particular fields, it would certainly be permissible for the attorney's advertising material to state that he accepts cases involving real estate. The appellation "Real Estate Attorney" could, however, be interpreted either to express the permissible idea that he accepts real estate cases or to express the impermissible idea that Rhode Island recognizes a specialty which it designates "Real Estate Attorney." The attorney's advertisement falls within a gray area and therefore could conceivably mislead a potential client.

The Panel takes the position that in order to avail himself of Panel protection the attorney must include the disclaimer set forth in the rule to the effect that no procedure exists in Rhode Island for the certification or recognition of specialization by lawyers.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.