Can I state on my letterhead that I'm certified by the National Board of Trial Advocacy, and do I have to add the Rule 7.4 no-certification-procedure disclaimer?

Plain-English summary

An attorney asked whether he or she may state on letterhead that the attorney is certified by the National Board of Trial Advocacy and, if so, whether the disclaimer of Rule 7.4 must be included.

The opinion applies Rule 7.1, "Communication Concerning a Lawyer's Services," which bars false or misleading communications, and Rule 7.4, "Communication of Fields of Practice," under which a lawyer may not indicate that the lawyer's 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. Assuming compliance with Rules 7.1 and 7.4, the opinion concludes the proposed statement may be placed on letterhead, and reasons that the statement of certification implies a concentration which in turn requires the Rule 7.4 disclaimer.

The opinion notes that the United States Supreme Court sustained findings of two states' highest courts that a statement of certification by this particular organization is not misleading, citing Peel v. Illinois, 496 U.S. 91 (1990).

In practice

Under this opinion, the certification claim is permissible on letterhead, but not standalone: because it implies a concentration in a field, Rule 7.4 requires the accompanying disclaimer that Rhode Island does not certify or recognize specialization. The opinion pairs that requirement with Rule 7.1's general bar on false or misleading communications and observes that the Supreme Court has treated this organization's certification statement as not misleading.

Common questions

Q: Can a lawyer list National Board of Trial Advocacy certification on letterhead?

A: Yes. The opinion concludes the statement may be placed on letterhead if it complies with Rules 7.1 and 7.4.

Q: Is the Rule 7.4 disclaimer required?

A: Yes. The opinion reasons that the certification statement implies a concentration, which requires the Rule 7.4 disclaimer that Rhode Island has no procedure for certification or recognition of specialization.

Q: Is stating this certification considered misleading?

A: The opinion notes the U.S. Supreme Court sustained findings that a statement of certification by this organization is not misleading, citing Peel v. Illinois.

Background and rules framework

The opinion interprets Rhode Island Rules of Professional Conduct 7.1 (communication concerning a lawyer's services) and 7.4 (communication of fields of practice), analogs of the corresponding Model Rules. Rule 7.1 prohibits false or misleading communications, including material misrepresentations, unjustified expectations, and improper comparisons; Rule 7.4 conditions any indication of concentration or limitation on a disclaimer that Rhode Island has no certification or specialization-recognition procedure.

Citations and references

Rules of Professional Conduct:

• MR 7.1 / RI RPC 7.1 (communication concerning a lawyer's services)
• MR 7.4 / RI RPC 7.4 (communication of fields of practice; specialization disclaimer)

Cases:

• Peel v. Illinois, 496 U.S. 91 (1990), a statement of NBTA certification is not misleading

See also

• RI EAP Opinion 93-38: a newspaper notice seeking case information is not advertising
• RI EAP Opinion 2005-01: online lawyer-matching website flat-fee advertising

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%2093-39.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Final
ETHICS ADVISORY PANEL
Opinion #93-39, Request #349
Issued June 30, 1993

An attorney asks whether he or she may state on letterhead a statement that the attorney is certified by the National Board of Trial Advocacy and if so, must the disclaimer of Rule 7.4 be included.

Rule 7.1 entitled "Communication Concerning a Lawyer's Services" governs all communications by a lawyer. The rule provides that:

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it:

(a) contains a material misrepresentation . . . or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results . . . ; or

(c) compares the lawyer's services with other lawyer's services . . . .

Rule 7.4 entitled "Communication of Fields of Practice" is also pertinent to this inquiry. The Rule states that:

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 . . . .

Assuming that the inquiring attorney will comply with Rules 7.1 and 7.4 as set forth above, the Panel opines that the proposed statement may be placed on letterhead. The statement of certification on the lawyer's letterhead implies a concentration which, in turn, requires the disclaimer under Rule 7.4.

The Panel notes that the United States Supreme Court has sustained the findings of the highest court of two states that a statement as to certification by this particular organization is not misleading. See, Peel v. Illinois, 496 U.S. 91, 110 L.Ed. 2d 83, 110 S.Ct. 2281 (1990).