Can I print 'Wills, Trusts and Probate' on my business cards in Rhode Island?

Plain-English summary

The inquiring attorney asked whether he or she may state the words "Wills, Trusts and Probate" on business cards.

The opinion applies Rule 7.4, which permits a lawyer to communicate the fact that the lawyer does or does not practice in particular fields of law, but bars indicating that the lawyer's practice is limited to or concentrated in particular fields unless the same communication also indicates that Rhode Island does not have a procedure for certification or recognition of specialization by lawyers.

The opinion concludes that the words "Wills, Trusts and Probate" indicate a narrow scope of practice and further indicate that the attorney concentrates in those disciplines. As a result, the business cards must also contain the statement "Rhode Island does not have a procedure for certification or recognition of specialization by lawyers."

In practice

Under this opinion, listing practice areas that signal a concentration triggers Rule 7.4's disclaimer requirement. The opinion reads "Wills, Trusts and Probate" as indicating a concentration in those fields, so it holds the business cards must carry, in the same communication, the statement that Rhode Island has no procedure for certification or recognition of specialization by lawyers.

Common questions

Q: Can a Rhode Island lawyer list "Wills, Trusts and Probate" on a business card?

A: Yes, but with a disclaimer. The opinion concludes the phrase indicates a concentration, so the card must also state that Rhode Island has no procedure for certification or recognition of specialization by lawyers.

Q: Why does listing practice areas require a disclaimer?

A: Because the opinion reads the listing as indicating the attorney's practice is concentrated in those fields, which Rule 7.4 permits only if paired with the no-certification-procedure statement.

Q: What exact language does the opinion require?

A: The opinion requires the statement "Rhode Island does not have a procedure for certification or recognition of specialization by lawyers."

Background and rules framework

The opinion interprets Rhode Island Rule of Professional Conduct 7.4 (communication of fields of practice; titled "Advertising" in the opinion), the analog of Model Rule 7.4. Rule 7.4 allows a lawyer to state the fields in which the lawyer does or does not practice but requires the specialization disclaimer whenever the communication indicates the practice is limited to or concentrated in particular fields.

Citations and references

Rules of Professional Conduct:

• MR 7.4 / RI RPC 7.4 (communication of fields of practice; specialization disclaimer)

See also

• RI EAP Opinion 93-61: LL.M credentials, advertising, and a nonlawyer affiliation under 7.4 and 5.4

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%2093-67.pdf

Original opinion text

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

(FINAL)
ETHICS ADVISORY PANEL
OPINION #93-67, REQUEST #406
Issued September 14, 1993

The inquiring attorney asks whether he/she may state the words "Wills, Trusts and Probate" on business cards.

Rule 7.4 entitled "Advertising" governs this inquiry and provides, in part, as follows:

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.

The Panel concludes the words "Wills, Trusts and Probate" indicate a narrow scope of practice, and further indicate that the inquiring attorney concentrates in those disciplines. Thus, the business cards must also contain the statement "Rhode Island does not have a procedure for certification or recognition of specialization by lawyers."