Can I put up an 'attorney at law' sign at my brother's medical office building even though I don't hold office hours or practice law there?

Plain-English summary

The inquiring attorney wished to display a sign, approximately four feet by four feet, bearing his or her name and the designation "attorney at law" at his or her brother's medical office. Although there was a vacant office in the building, the attorney had not decided to hold office hours at that location. The attorney asked whether he or she could erect a sign at an address where he or she did not conduct legal business.

The Panel set out Rule 7.1 ("Communications Concerning a Lawyer's Services"), which bars a lawyer from making a false or misleading communication about the lawyer or the lawyer's services, including a communication that contains a material misrepresentation of fact or omits a fact necessary to keep the statement from being materially misleading.

Applying Rule 7.1, the Panel opined that the placement of a sign at an office building conveys to the public that an attorney is in fact holding office hours and conducting legal business at that location. It concluded that for an attorney to place a sign at an office location where the attorney does not practice law is misleading to the public under Rule 7.1.

Currency note

This opinion was issued in 1994 (Opinion 94-56, issued August 25, 1994), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 7.1 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, which amended the lawyer-advertising rules. 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 Treat this page as historical context, not current guidance.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 post an 'attorney at law' sign at a building where I don't actually practice?

A: The Panel concluded no. Placing such a sign where the attorney does not practice law is misleading to the public under Rule 7.1.

Q: Why is the sign considered misleading?

A: The Panel opined that a sign at an office building conveys to the public that an attorney is holding office hours and conducting legal business there, which was not the case.

Q: What rule governs signage like this?

A: Rule 7.1, which prohibits false or misleading communications about a lawyer or the lawyer's services, including statements that omit facts necessary to avoid being materially misleading.

Background and rules framework

The opinion interprets Rhode Island Rule of Professional Conduct 7.1 (communications concerning a lawyer's services), the analog of Model Rule 7.1. Rule 7.1 defines a communication as false or misleading if it materially misrepresents fact or law or omits a fact necessary to make the whole not materially misleading. The Panel treated a professional sign as a communication that implies the lawyer practices at that address.

Citations and references

Rules of Professional Conduct:

• MR 7.1 / RI RPC 7.1 (communications concerning a lawyer's services; false or misleading communications)

See also

• RI EAP Opinion 94-26: fiance as solicitor under Rule 1.8(i)
• RI EAP Opinion 94-42: no client list to the firm's bank under Rule 1.6

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%2094-56.pdf

Original opinion text

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

ETHICS ADVISORY PANEL
OPINION #94-56 REQUEST #526
Issued August 25, 1994

An attorney would like to display a sign, approximately four feet by four feet, with his/her name and the designation of "attorney at law" at his/her brother's medical office. The attorney states that although there is a vacant office in the building, he/she has not decided at this time to hold office hours at this location. The attorney asks whether he/she may erect a sign at an address where he/she does not conduct legal business.

Rule 7.1 entitled "Communications Concerning a Lawyer's Services" states the following:

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 of fact or law, 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 the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law; or

(c) compares the lawyer's services with other lawyers' services, unless the comparison can be factually substantiated.

The Panel opines that the placement of a sign at an office building conveys to the public that there is in fact an attorney holding office hours and conducting legal business at that location. For an attorney to place a sign at an office location where that attorney does not practice law is misleading to the public pursuant to Rule 7.1.