Ezel / Ethics Opinions / WISBAR

Can an attorney list a public office he or she currently holds on the law firm letterhead?

Short answer The opinion concluded that an attorney may not designate a presently held public office on his or her letterhead, because such a title is not relevant information for selecting counsel, is a form of self-laudation, and is potentially misleading.
Bar
WISBAR
Issued
1983
Source
View Original PDF

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This page answers the general question as of 1983. Ask about yours and see what the current Wisconsin Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Opinion E-83-22 asked whether it is appropriate for an attorney to designate a presently held public office on his or her letterhead. The committee answered no. Under the former Code, a lawyer may advertise the ability to provide legal services, except that false, misleading, deceptive, or unfair advertising is misconduct (SCR 20.08(7)(a)), and the rule permits disseminating objective, relevant information on which a person may base an informed selection of counsel, including an earned degree or title indicating training in the law (SCR 20.08(7)(b), 20.08(6)).

The committee concluded that designating a presently held public office does not fall within that scope and appears contrary to SCR 20.08(1)(d) and 20.08(5), citing a State Bar memorandum opinion that information not germane to a lawyer's letterhead is a form of self-laudation and improper. It noted SCR 20.08(5) bars indicating on a letterhead that a lawyer practices both law and another profession or business, and cited ABA Informal Opinion 1196 (treating "municipal judge" as another profession or business) and opinions from other states barring listing of judicial, legislative, or other public offices on letterhead. The committee found that a public title provides at best minimal information for selecting counsel and at worst encourages clients to choose counsel for improper reasons, such as expecting a public office holder to obtain a special result, so listing it would be improper.

Currency note

The State Bar of Wisconsin flags this opinion as withdrawn in part; it is indexed here as historical research and should not be treated as current guidance. This opinion was also issued in 1983, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update). Lawyer advertising and the content of firm names and letterhead are now governed by SCR 20:7.1 and 20:7.5 / Model Rules 7.1 and 7.5, and constitutional decisions since 1983 have reshaped permissible advertising. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can an attorney list a currently held public office on the law firm letterhead?

A: The committee concluded no; a presently held public office does not fall within the relevant-information allowance and is treated as self-laudatory and potentially misleading.

Q: What was the committee's concern with listing a public office?

A: The committee reasoned that a public title provides minimal information for selecting counsel and could encourage clients to choose counsel for improper reasons, such as expecting a special result.

Q: Does the same reasoning bar listing other professions on letterhead?

A: The committee cited SCR 20.08(5), which bars indicating on a letterhead that a lawyer practices both law and another profession or business, and ABA authority treating offices like municipal judge that way.

Background and rules framework

The opinion interpreted the former Code's advertising and letterhead provisions (SCR 20.08(7), 20.08(5), 20.08(1)(d)). Lawyer advertising and the content of firm names and letterhead are now governed by SCR 20:7.1 and 20:7.5 / Model Rules 7.1 and 7.5.

Citations and references

Rules of Professional Conduct:

  • Wis. SCR 20.08(7) / Model Rule 7.1 (advertising; false or misleading communications) (former Code provision)
  • Wis. SCR 20.08(5), 20.08(1)(d) / Model Rule 7.5 (letterhead; firm names) (former Code provisions)

Other opinions cited:

  • ABA Informal Opinion 1196 (1971)
  • Kentucky Opinion E-138; New York Opinion 200; Colorado Informal Opinion 10-5-73

See also

Source

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