Can a lawyer advertise that the practice is 'limited to' particular fields of law, such as tax planning and tax litigation?

Plain-English summary

Opinion E-79-10 asked whether it is proper to place an advertisement using the words "practice limited to federal and state tax planning, tax litigation and tax audits."

The committee relied on the Wisconsin Supreme Court's order of April 30, 1979, which provided that a lawyer may advertise the lawyer's availability to provide legal services, but that using any advertisement that is false, misleading, deceptive, or unfair constitutes professional misconduct. The order also stated that nothing in it affects Section 757.295 of the Wisconsin Statutes, a violation of which is professional misconduct. The committee noted that the statutory section permitting advertising of professional qualifications (Section 757.296) defines "professional qualifications" to include the fields of law in which the lawyer or law firm concentrates and the statement that practice is limited to one or more fields of law.

The committee therefore answered the question in the affirmative: it is proper to place an advertisement using the words "practice limited to federal and state tax planning, tax litigation and tax audits," provided the entire advertisement complies with the Court's order and Section 757.295.

Currency note

This opinion was issued in 1979, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the Wisconsin Supreme Court's April 30, 1979 advertising order and Wis. Stat. §§ 757.295 and 757.296. The current counterparts are SCR 20:7.1 / Model Rule 7.1 (communications about a lawyer's services) and SCR 20:7.4 / Model Rule 7.4 (communicating fields of practice and specialization). Lawyer advertising rules changed substantially after Bates v. State Bar of Arizona, 433 U.S. 350 (1977), and later decisions. 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 Treat this page as historical context, not current guidance.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 'practice limited to' a field of law?

A: Yes. The committee answered in the affirmative, relying on the statute defining professional qualifications to include the statement that practice is limited to one or more fields of law.

Q: What condition did the committee attach?

A: The whole advertisement must comply with the Wisconsin Supreme Court's April 30, 1979 order and Wis. Stat. § 757.295, and it must not be false, misleading, deceptive, or unfair.

Background and rules framework

The opinion applied the Wisconsin Supreme Court's April 30, 1979 advertising order and the statutory definition of "professional qualifications" (Wis. Stat. § 757.296). The current counterparts are SCR 20:7.1 / Model Rule 7.1 (communications about services) and SCR 20:7.4 / Model Rule 7.4 (fields of practice).

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / SCR 20:7.1 (communications about a lawyer's services)
• Model Rule 7.4 / SCR 20:7.4 (communicating fields of practice and specialization)

Statutes:

• Wis. Stat. § 757.295 (advertising; professional misconduct)
• Wis. Stat. § 757.296 (advertising of professional qualifications)

Other authority:

• Wisconsin Supreme Court order of April 30, 1979 (advertising standards)

See also

• WI Ethics Op. E-79-5: The 'Ask the Lawyer' Column
• WI Ethics Op. E-80-11: Advertising in a Trade Journal
• WI Ethics Op. E-90-2: Advertising Public Office or Other License

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-79-10.pdf