Can a law firm that serves as counsel to labor unions advertise in the union's trade paper, and say it is counsel for the local unions?

Plain-English summary

Opinion E-80-11 addressed a lawyer or firm serving as local counsel for several labor unions who wanted to advertise in the official union paper and inform union members that the firm is counsel for their local union. The committee noted the Wisconsin Supreme Court's January 1, 1980 adoption of the Code of Professional Responsibility in SCR Chapter 20.

It relied on SCR 20.08(7)(a), under which a lawyer may advertise availability to provide legal services, with the use of any false, misleading, deceptive, or unfair advertisement being professional misconduct. The committee found nothing in the Code prohibiting any advertising medium, so advertising in a trade newspaper was not prohibited. It distinguished a recent matter in which informing a targeted group by mail of the firm's availability was prohibited solicitation, explaining that using a regular trade journal to announce availability is different. The committee concluded the firm may use the union newspaper to advertise its availability, and may state that it is attorneys for the local unions, provided the advertisement is not false, misleading, deceptive, or unfair. It added, as its continuing policy, that SCR 20.08(7) is the standard lawyers should apply themselves, because the committee does not opine on the content or format of specific pieces of lawyer advertising.

Currency note

This opinion was issued in 1980, 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 advertising provision. Truthful advertising and communications are now governed by SCR 20:7.1 and 20:7.2 / Model Rules 7.1 and 7.2, and constitutional limits on advertising rules have developed substantially since 1980. 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 Treat this page as historical context, not current guidance.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 firm advertise in a union or trade newspaper?

A: Yes. The committee found nothing in the Code prohibiting any advertising medium, so advertising in a trade journal was permitted.

Q: Can the ad say the firm is counsel for the local unions?

A: Yes, the committee concluded, provided the advertisement is not false, misleading, deceptive, or unfair.

Q: How is this different from prohibited solicitation?

A: The committee distinguished targeted-mail solicitation of a specific group, which it had found improper, from using a regular trade journal to announce the firm's availability.

Background and rules framework

The opinion interpreted the former Wisconsin advertising rule (SCR 20.08(7)(a)), which permitted advertising availability so long as it was not false, misleading, deceptive, or unfair. The current counterparts are the rules on truthful communications and advertising, SCR 20:7.1 and 20:7.2 / Model Rules 7.1 and 7.2.

Citations and references

Rules of Professional Conduct:

• Wis. SCR 20.08(7)(a) (advertising availability; bar on false or misleading ads) (former Code)
• Model Rules 7.1, 7.2 (truthful communications; advertising)

See also

• WI Ethics Op. E-82-1: Law Firm Newsletter (Direct Mail Advertising)
• WI Ethics Op. E-84-13: Direct Mail Advertising
• WI Ethics Op. E-80-19: Law Firm Sponsorship of Public Legal Seminars

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-80-11.pdf