Can a lawyer state on the letterhead that he is certified as a Civil Trial Advocate by the National Board of Trial Advocacy?

Plain-English summary

The committee considered whether an attorney could note on his letterhead a certification as a Civil Trial Advocate by the National Board of Trial Advocacy. It concluded that doing so is not improper, citing DR 2-102(A).

Currency note

This opinion was issued in 1982, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 7.4(d) would also require that the communication contain a disclaimer stating that there is no procedure in the Commonwealth of Virginia 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 Treat this page as historical context, not current guidance.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 lawyer advertise a specialty certification on letterhead?

A: Under this 1982 opinion, yes; the committee found it not improper to designate a National Board of Trial Advocacy Civil Trial Advocate certification on the letterhead.

Q: Does current law require anything more?

A: The committee note states that current Rule 7.4(d) would also require a disclaimer that there is no procedure in Virginia for approving certifying organizations.

Background and rules framework

The opinion applies the former Code's letterhead rule, DR 2-102(A), to a private certification claim. The committee note maps the question onto current Virginia Rule 7.4(d) and its disclaimer requirement, corresponding to ABA Model Rule 7.4 on communicating fields of practice and certification.

Citations and references

Rules of Professional Conduct:

• DR 2-102(A) (letterhead) (former Code)
• Virginia Rule 7.4(d) (certification disclaimer) (cited in the committee note)
• ABA Model Rule 7.4 (communication of fields of practice and certification)

See also

• VA LEO 1385: Noting a Florida Board Certification on Virginia Letterhead
• VA LEO 1750: Lawyer Advertising and Solicitation Compendium

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0456.pdf

Original opinion text

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

LEGAL ETHICS OPINION 456

LETTERHEAD.

It is not improper for an attorney to designate the fact that he has been certified as a Civil Trial Advocate by the Nation Board of Trial Advocacy on his letterhead. [See II:DR 2-102(A).]

Committee Opinion
April 16, 1982

Legal Ethics Committee Notes. – Rule 7.4(d) would also require that the communication contain a disclaimer stating that there is no procedure in the Commonwealth of Virginia for approving certifying organizations.