Can a Tennessee law firm produce a brochure with lawyer biographies, photographs, and a firm logo for clients and prospective clients?

Plain-English summary

The inquiry concerned a proposed brochure meant to familiarize the firm's clients with the lawyers' backgrounds and interests and the firm's practice areas. The brochure would include a paragraph on each practice area describing the firm's involvement, general background information on each lawyer (personal background, area of residence, college and law school activities, and legal and non-legal employment history), individual and group photographs, and a firm logo using the firm's initials.

The opinion applied Formal Ethics Opinion 83-F-49, which held there is no impropriety in producing and distributing a law firm brochure to regular clients and, on request, to prospective clients, provided the requirements of Disciplinary Rule 2-101(C) and 2-101(M) are strictly followed, and Formal Ethics Opinion 83-F-49(a), which clarified the specifics of delivery and distribution. Applying those opinions, the Board found no impropriety in the proposed brochure as described, conditioned on compliance with 83-F-49 and 83-F-49(a), and separately concluded that using a firm logo made up of the firm's initials does not appear false, misleading, or deceptive and so is not prohibited.

Currency note

This opinion was issued in 1985, before Tennessee's adoption of the 2003 Rules of Professional Conduct, which replaced the former Code of Professional Responsibility. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Can a law firm include lawyer biographies and photographs in a client brochure?

A: Yes. The opinion found no impropriety in a brochure containing each lawyer's background, residence, education, and employment history along with individual or group photographs, so long as the requirements of DR 2-101(C) and 2-101(M) are followed.

Q: Is a firm logo made up of the firm's initials permitted?

A: Yes. The opinion concluded that such a logo does not appear false, misleading, or deceptive and is therefore not prohibited.

Background and rules framework

The opinion applied Disciplinary Rule 2-101(C) and 2-101(M) of the Code of Professional Responsibility, as construed in the Board's prior brochure opinions, Formal Ethics Opinion 83-F-49 (content) and 83-F-49(a) (distribution). The modern correlates are Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.2 (advertising), cited here as navigational cross-references rather than rules the opinion itself applied.

Citations and references

Other opinions cited:

• Tennessee Formal Ethics Opinion 83-F-49, law firm brochure content requirements
• Tennessee Formal Ethics Opinion 83-F-49(a), law firm brochure delivery and distribution

See also

• Tenn. Ethics Op. 81-F-17: Law Firm Manual Not Permissible Advertising
• AL Ethics Op. 1990-09: Review of Lawyer Brochure, Applicable Rules (Code of Professional Responsibility) Governing Advertising Quoted
• Tenn. Ethics Op. 85-F-87: Law Firm Selling Subscriptions to Publication (same Canon 2 publicity framework and 83-F-49 predecessors)

Source

• Landing page: https://www.tbpr.org/ethic_opinions/85-f-95

Original opinion text

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

85-F-95 - Law Firm Brochures

BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE

FORMAL ETHICS OPINION 85-F-95

Inquiry is made concerning the propriety of producing and distributing a law firm brochure which is intended to familiarize the firm's clients about the backgrounds and interests of the individuals in the firm and the areas of its practice.

The proposed brochure will describe the firm's area of practice with a paragraph relating to each area stating the nature of its involvement in each area. There will be included general background information relating to personal background, area of residence, college and law school activities, legal and non-legal past employment and similar information as to each member of the law firm. Photographs of each lawyer and/or group photographs in office situations are proposed. A law firm "logo" with the law firm's initials will be included in the proposed brochure.

Formal Ethics Opinion 83-F-49 stated that there is no impropriety in producing and distributing a law firm brochure to regular clients and/or to prospective clients, upon request, provided the requirements of DR 2-101(C) and DR 2-101(M) are strictly followed.

Formal Ethics Opinion 83-F-49(a) clarified the opinion as to the specifics of delivery and distribution of the brochure.

There is no impropriety in producing and distributing a law firm brochure as described herein, which is intended to familiarize the firm's clients about the backgrounds and interests of the individuals in the firm and areas of its practice, provided there is compliance with 83-F-49 and 83-F-49(a).

The use of a law firm "logo" with the initials of the law firm does not appear to be false, misleading or deceptive and, therefore, is not prohibited.

This 6th day of May, 1985.

ETHICS COMMITTEE:

Edwin C. Townsend, Chairman

W. J. Flippin

Henry H. Hancock

APPROVED AND ADOPTED BY THE BOARD