May a lawyer list a professional certification, like the CIPP/US privacy designation, after their name in an email signature block?

Plain-English summary

A lawyer who works in-house for a company that handles private information earned the Certified Information Privacy Professional/US (CIPP/US) credential from the International Association of Privacy Professionals (IAPP), an organization whose members include both lawyers and non-lawyers. The credential is awarded after passing examinations. The lawyer asked whether the "CIPP/US" designation could follow their name in an email signature block.

The opinion concludes it may. The committee finds the use complies with Rule 7.1(a) because it is neither false nor misleading: the designation comes from a recognized association and is "granted by the association based on objectively verifiable criteria after examination and not upon mere self-designation by the lawyer or mere membership in the association." It complies with Rule 7.2(a) as a predominantly informational electronic communication.

On Rule 7.4, which bars certain uses of the words "certified," "specialist," "expert," or "authority" when describing fields of practice, the committee distinguishes the credential from a claim of legal specialization. Relying on S.C. Bar Ethics Adv. Op. 93-37 (CPA designation) and 96-29 (certified mediator), and on Peel v. Illinois Attorney Registration and Disciplinary Commission, the opinion reasons the lawyer "is not advertising specific fields of practice, but rather is using the acronym for a specific, objectively verifiable certification" available to lawyers and non-lawyers alike.

In practice

Under this opinion, and under the South Carolina rules as they stood in 2015, a lawyer may display a third-party professional certification such as CIPP/US in a signature block or other communication when the credential is truthful, comes from a recognized organization, rests on objectively verifiable criteria rather than self-designation, and is not used to claim a legal specialty. The opinion holds the analysis under Rule 7.4(b) turns on whether the designation advertises a field of legal practice; a certification open to non-lawyers and earned by examination is treated as informational rather than a specialization claim.

Common questions

Q: Can a lawyer put a credential like CIPP/US after their name in an email signature?

A: Yes. The opinion holds the designation complies with the advertising rules because it truthfully reflects a recognized certification, is objectively verifiable, and is not misleading.

Q: Doesn't Rule 7.4(b) forbid the words "certified" or "specialist"?

A: The opinion reads Rule 7.4(b) as reaching claims about fields of legal practice. Because CIPP/US is a verifiable certification available to lawyers and non-lawyers, not a claim of legal specialization, the committee concludes it does not run afoul of 7.4(b).

Q: What makes a designation acceptable rather than misleading under Rule 7.1?

A: The opinion points to a credential granted by a recognized association on objectively verifiable criteria after examination, rather than mere self-designation or mere membership.

Background and rules framework

The opinion interprets South Carolina's advertising rules: Rule 7.1 (communications must not be false or misleading; Model Rule 7.1), Rule 7.2 (advertising through written, recorded, or electronic communication; Model Rule 7.2), and Rule 7.4 (communication of fields of practice and specialization, including the 7.4(b) restriction on "certified," "specialist," "expert," or "authority"; Model Rule 7.4). The committee draws on its earlier opinions 93-37 and 96-29 and on the U.S. Supreme Court's treatment of truthful certification claims in Peel.

Citations and references

Rules of Professional Conduct:

• MR 7.1 / SC RPC 7.1 (false or misleading communications)
• MR 7.2 / SC RPC 7.2 (advertising through electronic communication)
• MR 7.4 / SC RPC 7.4(b) (communication of fields of practice; "certified"/"specialist")

Cases:

• Peel v. Illinois Attorney Registration and Disciplinary Commission, 496 U.S. 83 (1990), constitutional protection for truthfully advertising certification by a bona fide organization

Other opinions cited:

• S.C. Bar Ethics Adv. Op. 93-37: lawyer who is also a CPA may note both designations
• S.C. Bar Ethics Adv. Op. 96-29: lawyer may note status as a certified mediator on letterhead

See also

• SC Bar Ethics Op. 12-03: Lawyers answering questions on paid Q&A sites
• SC Bar Ethics Op. 15-02: "Donut Friday" gifts to referral sources
• SC Bar Ethics Op. 13-05: Co-op TV ad call rotation is not a referral payment

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-15-03/
• Original PDF: https://www.scbar.org/media/ognk3hbh/15-03.pdf

Original opinion text

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

UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER'S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.

Ethics Advisory Opinion 15-03

SC Rules of Professional Conduct: 7.1, 7.2, 7.4

Facts:

Lawyer is not in private practice. Rather, Lawyer works for an entity that collects, processes, and stores private information. The human resources department within Lawyer's employer is approving position descriptions for a Privacy Officer and Privacy Liaison in response to heightened awareness of data security breaches.

Lawyer has become a member of the IAPP (International Association of Privacy Professionals). IAPP membership includes both lawyers and non lawyers. The IAPP is a not-for-profit association for privacy professionals worldwide that was founded in 2000. It is the largest global information privacy organization in the world, with more than 12,000 members in 78 countries.

Lawyer took and passed two IAPP examinations and obtained a certification as a Certified Information Privacy Professional/US ("CIPP/US"). The CIPP/US is the preeminent professional certification offered in information privacy today. Taking the exams is somewhat costly and the exams are designed to be challenging, and require study and preparation. The CIPP/US examinations test knowledge of:

•Federal privacy laws, including HIPAA, Fair Credit Reporting Act (FCRA) and Fair and Accurate Credit Transactions Act (FACTA), Gramm-Leach-Bliley Act and the Children's Online Privacy Protection Act (COPPA).

•Various state information privacy and data breach notification laws.

•U.S. federal regulation of information sharing and marketing limitations, including Do Not Call, CAN-SPAM and the Junk Fax Prevention Act (JFPA).

•Employment-related privacy laws, plus best practices for privacy and background screening, employee testing, workplace monitoring, employee investigation and termination of employment.

Only a small number of attorneys are CIPP certified, as the certification primarily is sought by Chief Privacy Officers, information technology specialists, information security leaders and other industry professionals. Lawyer wants to list "Lawyer Name, CIPP/US" in Lawyer's e mail signature block.

Question:

May Lawyer include the CIPP/US designation after Lawyer's name in Lawyer's email signature block?

Summary:

Lawyer may include the designation "CIPP/US" in Lawyer's email signature block and other communications since the designation truthfully reflects a recognized professional certification available to both lawyers and non-lawyer, is objectively verifiable, and is not misleading.

Opinion:

Lawyer's use of the designation "CIPP/US" in Lawyer's email signature block or other communications complies with the ethics rules regarding lawyer advertising.

It complies with Rule 7.1(a) as it is neither false nor misleading. The designation is given by a recognized association. The designation is granted by the association based on objectively verifiable criteria after examination and not upon mere self-designation by the lawyer or mere membership in the association.

It complies with Rule 7.2(a). The rule allows advertising "through written, recorded or electronic communication [which would include the email communication that is the subject of the inquiry], including public media." The use of the designation is predominately informational. It alerts a person that Lawyer has taken and passed examinations in privacy protection topics under the auspices of the IAPP.

It complies with Rule 7.4. In S.C. Bar Ethics Adv. Op. 93-37, the committee opined that that an attorney who was licensed as both an attorney and a Certified Professional Accountant (CPA) could note both professional designations on business cards and letterhead despite the prohibition in Rule 7.4(b) against using "any form of the words 'certified,' 'specialist,' 'expert,' or 'authority' when describing areas of limited or concentrated practice. In this matter, Lawyer is not advertising specific fields of practice, but rather is using the acronym for a specific, objectively verifiable certification given, like certification as a public accountant, to persons who may or may not also be attorneys. See also S.C. Bar Ethics Adv. Op. 96-29 (stating that an attorney may note that he or she is a certified mediator on firm letterhead and by compliant with Rule 7.4(b)); Peel v. Illinois Attorney Registration and Disciplinary Commission, 496 U.S. 83 (1990)(holding that a lawyer has a constitutionally protected right to advertise truthfully his or her certification by a bona fide organization).