Can a Virginia lawyer note a board certification granted by another state's bar, like Florida's tax-law certification, on Virginia letterhead?

Plain-English summary

A lawyer who was a member of the Florida, Virginia, and District of Columbia bars and was recognized as a Board Certified Tax Lawyer by the Florida State Bar (a status requiring 150 CLE hours in tax every three years) asked whether he could note that certification on his Virginia letterhead and business card.

The controlling rules were DR 2-104(A) (a lawyer shall not hold himself out publicly as a recognized or certified specialist except in accordance with DR 2-102) and DR 2-102(A) (a lawyer may use a professional card or letterhead unless it includes a statement that is false, fraudulent, misleading, or deceptive). The committee noted its earlier conclusion that it is not improper to designate certification as a Civil Trial Advocate by the National Board of Trial Advocacy on letterhead (LE Op. 456; see also LE Op. 395, 923, 979).

The committee concluded that indicating the Board Certified Tax Lawyer status on letterhead and business cards would not be improper provided that the indications were not false, fraudulent, misleading, or deceptive; the status remained currently valid; and every such indication specified that the certification had been granted by the bar of a state other than Virginia, citing Peel v. Attorney Registration and Disciplinary Commission of Illinois, 496 U.S. 91 (1990).

Currency note

This opinion was issued in 1990, under Virginia's former Code of Professional Responsibility (the disciplinary rules it cites), before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. As the committee note observes, current Rule 7.4(d) requires the advertisement to explain that Virginia has no procedure for approving certifying organizations. 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 Treat this page as historical context, not current guidance.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 Virginia lawyer state on letterhead that he is board certified by another state's bar?

A: Under this 1990 opinion, yes, with conditions. The committee held that noting a Florida Bar tax-law certification on Virginia letterhead and business cards was not improper if it was not misleading, the status remained currently valid, and it specified the certification came from a state other than Virginia.

Q: Why must the certifying state be named?

A: The committee required that every indication specify the certification was granted by the bar of a state other than Virginia, so the statement is not misleading about who conferred the credential, citing the Supreme Court's decision in Peel.

Background and rules framework

The opinion interpreted former Virginia DR 2-104(A) (holding out as a specialist) and DR 2-102(A) (professional cards and letterheads that are not false or misleading). Communication of fields of practice and certification is now governed by Virginia Rule 7.4, with the general truthfulness standard in Rule 7.1.

Citations and references

Rules of Professional Conduct:

• Former Virginia DR 2-104(A), DR 2-102(A) (Code of Professional Responsibility)
• ABA Model Rule 7.4 (communication of fields of practice and specialization); Model Rule 7.1 (communications about a lawyer's services)

Cases:

• Peel v. Attorney Registration and Disciplinary Commission of Illinois, 496 U.S. 91 (1990), truthful statement of certification is protected commercial speech.

Other opinions cited:

• Virginia LE Op. 456; LE Op. 395; LE Op. 923; LE Op. 979: designating National Board of Trial Advocacy certification on letterhead.

See also

• VA LEO 1750: Lawyer Advertising Compendium
• VA LEO 1813: 'Affiliated' or 'Associated' Firms
• VA LEO 1873: Former Firm Name in a Web Domain

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/1385.pdf

Original opinion text

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

Committee Opinion
November 30, 1990
LEGAL ETHICS OPINION 1385

ADVERTISING AND SOLICITATION –
SPECIALTY PRACTICE: NOTING
BOARD CERTIFICATION IN TAX LAW
BY FLORIDA BAR.

You have informed the Committee that you are a member of the Florida, Virginia, and
District of Columbia Bars and that you are recognized as a Board Certified Tax Lawyer
by the Florida State Bar, which status requires 150 CLE hours in tax every three years.
You request the Committee's opinion as to the propriety of your noting the fact of this
certification on your Virginia letterhead and business card.
The appropriate and controlling disciplinary rules relevant to your inquiry are DR:2-104(A), which holds, in pertinent part, that “a lawyer shall not hold himself out publicly
as . . . a recognized or certified specialist except in accordance with . . . DR:2-102. . .";
and DR:2-102(A), which instructs, in pertinent part, that “a lawyer or law firm may use
or participate in the use of a professional card . . . letterheads . . . or a similar professional
notice or device unless it includes a statement or claim that is false, fraudulent,
misleading, or deceptive.” In addition, the Committee has earlier opined that it is not
improper for an attorney to designate on his letterhead the fact that he has been certified
as a Civil Trial Advocate by the National Board of Trial Advocacy. (See LE Op. 456; see
also LE Op. 395, LE Op. 923, LE Op. 979.)
The Committee is of the opinion that indications on your letterhead and business card
that you are a Board Certified Tax Lawyer would not be improper provided that: (1) such
indications are not false, fraudulent, misleading or deceptive; (2) such status remains
currently valid; and (3) all such indications specify that the certification has been granted
by the Bar of a state other than Virginia. (See Peel v. Attorney Disciplinary Commission
of Ill., 496 U.S. 91, (1990))
Committee Opinion
November 30, 1990
Legal Ethics Committee Notes. – Rule 7.4(d) requires that the advertisement explain
that Virginia has no procedure for approving certifying organizations.