Ezel / Ethics Opinions / RIEAP
RIEAP June 25, 1990

Rhode Island has an old criminal statute barring lawyers from advertising divorce or alimony services. If I run a newspaper ad listing 'divorce, support, domestic relations' as a practice area, am I violating the ethics rules?

Short answer: Yes, technically. The panel held that because R.I. Gen. Laws § 11-27-20 imposes a criminal penalty on a lawyer who advertises divorce or alimony services, running such an ad is a criminal act, and under Rule 8.4(b) the attorney would technically be in violation of the Rules unless and until the General Assembly amends or repeals the statute.

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This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1990
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.
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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.
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Plain-English summary

An attorney asked the panel whether he could properly publish a proposed advertisement for his legal services, particularly in light of R.I. Gen. Laws § 11-27-20. The sample ad listed his name, address, and phone number, then four practice areas with subparts, the first of which read "Divorce, support, domestic relations," along with information about fees and parking.

The panel described § 11-27-20, originally enacted in 1905 and titled "Advertising assistance in divorce, annulment or alimony proceedings," as providing a criminal penalty for any lawyer advertising his or her services with regard to any suit for alimony or divorce or the severance, dissolution, or annulment of any marriage. The panel emphasized that it is empowered only to interpret the Rules of Professional Conduct adopted by the Rhode Island Supreme Court, and is not empowered to pass judgment on the viability or desirability of a provision of the General Laws.

Applying Rule 8.4(b), which makes it professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects, the panel concluded that unless and until the General Assembly amends or repeals § 11-27-20, the attorney would technically be in violation of the Rules if he engaged in the conduct the statute prohibits. The panel then stated that, to address the other aspects of the attorney's inquiry, it would analyze the proposed advertisement apart from its references to divorce.

Currency note

This opinion was issued in June 1990, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, and the statute the opinion discusses may have since been amended, repealed, or affected by later constitutional developments in lawyer-advertising law. Treat this page as historical context, not current guidance. Verify against current rules and statutes before relying on any specific rule, statute, or requirement mentioned here.

Common questions

Q: Why did the panel say advertising divorce services could be an ethics violation rather than just a statutory issue?

A: The panel reasoned that Rule 8.4(b) makes committing a criminal act professional misconduct, and because § 11-27-20 attaches a criminal penalty to advertising divorce or alimony services, doing so would technically violate the Rules unless the General Assembly amends or repeals the statute.

Q: Did the panel decide whether the statute itself was valid or advisable?

A: No. The panel stated it is empowered only to interpret the Rhode Island Rules of Professional Conduct and is not empowered to pass judgment on the viability or desirability of provisions of the General Laws.

Background and rules framework

The opinion applies Rule 8.4(b) of the Rhode Island Rules of Professional Conduct, adopted effective November 15, 1988, which defines committing a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as professional misconduct. The criminal act at issue is defined by R.I. Gen. Laws § 11-27-20 (1956, 1981 Reenactment), the 1905 statute penalizing the advertising of divorce, alimony, and annulment assistance.

Citations and references

Rules of Professional Conduct:

  • MR 8.4 (misconduct)
  • RI RPC 8.4(b), as adopted November 15, 1988

Statutes:

  • R.I. Gen. Laws § 11-27-20 (1956, 1981 Reenactment), "Advertising assistance in divorce, annulment or alimony proceedings"

Cases:

  • None cited.

Other opinions cited:

  • None cited.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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