Can a North Dakota lawyer advertise being named a 'Super Lawyer'?

Plain-English summary

The committee was asked whether North Dakota lawyers identified as "Super Lawyers" by Law and Politics (a publisher) could advertise or market that designation, and what disclosures might be required. The designation purports to identify roughly the top 5% of attorneys in a state or region; listed lawyers pay nothing to be named, but a primary purpose is to sell them advertising (profiles, photos, larger layouts).

As issued, the committee analyzed the question under Rule 7.1, which bars false or misleading communications about a lawyer or the lawyer's services, including comparative claims that cannot be factually substantiated. It expressed significant concern that touting a "Super Lawyers" designation, which implies the lawyer is among the top 5% in the state or region, is inherently comparative and could be misleading if presented without reference to the entity making the designation, its purpose, and its methodology. It noted a Connecticut advisory opinion finding that a mere link to the Super Lawyers website was an insufficient disclaimer because the site described the process only in general terms.

The committee also observed that other states had concluded the designation could be used in advertising while complying with the rules, provided adequate disclosure was made. It expressed additional concern that a lawyer's self-identification of practice areas alongside the designation and the website's search features could mislead consumers. The committee said it could provide only limited guidance on advertising content and did not flatly prohibit the claim.

Currency note

This opinion has been withdrawn and superseded by SBAND Opinion 09-08; the State Bar Association of North Dakota marked it withdrawn on the face of the opinion. Treat this page as historical context, not current guidance. Consult Opinion 09-08 and the current North Dakota Rules of Professional Conduct before relying on any statement here.

Common questions

Q: Did this opinion say lawyers cannot call themselves "Super Lawyers" in ads?

A: Not outright, and it has since been withdrawn. As issued, the committee expressed concern that doing so without explaining the designation's source, purpose, and methodology could be misleading and violate Rule 7.1, while noting other states allowed the claim with adequate disclosure.

Q: Why did the committee treat the designation as a comparative claim?

A: Because being named a "Super Lawyer" implies the lawyer is among the top 5% of attorneys in the state or region. Under Rule 7.1, a comparison with other lawyers' services is misleading unless it can be factually substantiated.

Q: Is this opinion still good guidance?

A: No. It has been withdrawn and superseded by SBAND Opinion 09-08, so it is indexed here for historical research only.

Background and rules framework

The opinion interprets North Dakota Rule of Professional Conduct 7.1 (Model Rule 7.1, communications concerning a lawyer's services), which prohibits false or misleading communications, including unsubstantiated comparisons with other lawyers. The opinion surveyed advisory opinions from other states (including Connecticut, Michigan, Pennsylvania, Iowa, Delaware, and North Carolina) addressing the same "Super Lawyers" designation.

See also

• SBAND Ethics Op. 09-08: 'Super Lawyers' Opinion Withdrawn
• AK Bar Ethics Op. 2009-2: Advertising Rankings
• AL Ethics Op. 1992-06: Advertising Board Certification

Source

• Landing page: https://www.sband.org/page/ethics_opinions
• Original PDF: https://cdn.ymaws.com/www.sband.org/resource/resmgr/docs/for_lawyers/opinion_08-02.pdf

Original opinion text

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