I wrote a divorce booklet and want to advertise it. Does the ad need the Rhode Island specialization disclaimer?

Plain-English summary

The inquiring attorney asked whether the attorney's proposed advertisement for a divorce booklet the attorney had prepared should contain a Rhode Island Rule of Professional Conduct 7.4 disclaimer.

The panel took the position that the advertisement should include the following Rule 7.4 disclaimer: "Rhode Island does not have a procedure for certification or recognition of specialization by lawyers."

The panel based its position on Rule 7.4, which provides that a lawyer may not 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. The panel concluded that the title of the booklet as contained in the proposed advertisement implies that the attorney's practice is limited to or concentrated in the particular field of domestic relations, which warrants inclusion of the disclaimer in the advertisement.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 7.4 as then in force. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, and the fields-of-practice and specialization rules have been amended since. 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 Treat this page as historical context, not current guidance.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: Does an ad for a lawyer's divorce booklet need the specialization disclaimer?

A: Under this opinion, yes. The panel concluded the ad should include the Rule 7.4 disclaimer because the booklet's title implies a practice concentrated in domestic relations.

Q: What exactly should the disclaimer say?

A: The panel specified: "Rhode Island does not have a procedure for certification or recognition of specialization by lawyers."

Q: What triggered the disclaimer requirement here?

A: The panel reasoned that the title of the booklet as stated in the proposed advertisement implies the attorney's practice is limited to or concentrated in the field of domestic relations, triggering Rule 7.4.

Background and rules framework

The opinion applies Rule 7.4 (Communication of Fields of Practice), corresponding to Model Rule 7.4. The panel read the rule to require the Rhode Island-specific specialization disclaimer whenever a communication implies a practice limited to or concentrated in a particular field, and found the divorce-booklet title in the proposed ad to carry that implication for domestic relations.

Citations and references

Rules of Professional Conduct:

• MR 7.4 (communication of fields of practice)
• RI RPC 7.4

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-12: Advertising a Course the Attorney Teaches
• RI EAP Op. 95-14: Trade Name in TV Advertising
• RI EAP Op. 95-55: A Lawyer's Name in a Shared Television Advertisement

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%2091-17.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 #91-17, Request #125
Issued May 23, 1991

An attorney seeks Panel advice as to whether the attorney's proposed advertisement for a divorce booklet the attorney has prepared should contain a Rhode Island Rule of Professional Conduct 7.4 disclaimer.

The Panel takes the position that the advertisement for the booklet should include the following Rule 7.4 disclaimer:

"Rhode Island does not have a procedure for certification or recognition of specialization by lawyers."

The Panel bases its position on the following language of Rule 7.4: "A lawyer may not . . . 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." The Panel is of the opinion that the title of the booklet contained in its proposed advertisement implies that the attorney's practice is limited to or concentrated in the particular field of domestic relations, thus warranting inclusion of the above stated disclaimer in the advertisement.

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.