Can a lawyer write and publish an 'Ask the Lawyer' newspaper column?
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This page answers the general question as of 1979. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
Opinion E-79-5 asked whether a lawyer may prepare and disseminate an "Ask the Lawyer" column. The committee answered that a lawyer may do so in accordance with the terms of the opinion.
The committee framed public legal education as an important function of the profession, since legal problems are often not self-revealing (EC 2-1, 2-2). Lawyers may write professional articles for lay publications, but in doing so they must shun personal publicity (EC 2-2). Because a slight change in facts is often material, the columnist should not appear to give a general solution to what are really individual problems, and the reader should be told to consult a lawyer about his individual problem (EC 2-5). The committee said the lawyer's motivation is the quintessential element: the activity is proper only if the lawyer is motivated by the desire to assist someone who does not realize he may have a legal problem or does not know his rights or obligations (EC 2-3). Because motivation is subjective and cannot be read directly, it is judged objectively (EC 2-4); a columnist who accepts professional employment, compensation, or other benefit as a result of publication would be suspect under a fair objective test.
The committee noted DR 2-104(A)(4), under which public dissemination by a lawyer does not prevent his accepting employment resulting from the advice given, so long as he does not emphasize his own professional experience or reputation and does not undertake to give individual advice. It also pointed to the Wisconsin Supreme Court's order of April 30, 1979, on what is "false, misleading, or deceptive" or "unfair," and to the Court's comment that it is misleading to advertise that a lawyer is a specialist in any field other than the historically recognized fields of patent, trademark, and admiralty law. The columnist must therefore avoid any suggestion that he is a specialist. The committee said a lawyer-columnist may publish his name and address as part of the column so readers may ask questions about the published advice.
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 former Code's Ethical Considerations under Canon 2 and DR 2-104(A)(4), together with the Wisconsin Supreme Court's April 30, 1979 advertising order. The current counterparts are SCR 20:7.1 / Model Rule 7.1 (communications about a lawyer's services) and SCR 20:7.2 / Model Rule 7.2 (advertising). Lawyer advertising restrictions also 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 write an 'Ask the Lawyer' newspaper column?
A: Yes. The committee concluded that a lawyer may prepare and disseminate such a column in accordance with the terms of the opinion.
Q: What must the column avoid?
A: It must not give individual legal advice or appear to give a general solution to individual problems; the reader should be told to consult a lawyer about his own situation, and the lawyer must not emphasize his own experience or reputation.
Q: Can the columnist say he specializes in a field?
A: No. Per the Wisconsin Supreme Court's April 30, 1979 comment, the committee said the columnist must avoid suggesting he is a specialist in any field other than the historically recognized fields of patent, trademark, and admiralty law.
Background and rules framework
The opinion applied the former Code's Canon 2 Ethical Considerations and DR 2-104(A)(4) on public legal education and resulting employment, along with the Wisconsin Supreme Court's April 30, 1979 advertising standards. The current counterparts are SCR 20:7.1 / Model Rule 7.1 (communications about services) and SCR 20:7.2 / Model Rule 7.2 (advertising).
Citations and references
Rules of Professional Conduct:
- Model Rule 7.1 / SCR 20:7.1 (communications about a lawyer's services); former Code EC 2-1 through 2-5, DR 2-104(A)(4)
- Model Rule 7.2 / SCR 20:7.2 (advertising)
Other authority:
- Wisconsin Supreme Court order of April 30, 1979 (advertising standards; specialization)
See also
- WI Ethics Op. E-80-19: Law Firm Sponsorship of Public Legal Seminars
- WI Ethics Op. E-80-11: Advertising in a Trade Journal
- WI Ethics Op. E-82-1: Law Firm Newsletter Direct-Mail Advertising
Source
- Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
- Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-79-5.pdf
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