WISBAR 1990

Can a lawyer advertise holding a public office, or advertise being licensed in another profession such as medicine or accounting?

Short answer: The opinion concluded that a lawyer may advertise holding a public office or position, subject to SCR 20:7.5(c) (a public officeholder's name may not be used in a firm name while the lawyer is not actively practicing) and SCR 20:8.4(d) (no stating or implying an ability to influence a government agency improperly). A lawyer may also advertise being licensed in another profession, since the rules contain no express prohibition and a truthful claim does not imply formal specialist recognition under SCR 20:7.4.

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This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, 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 Not binding precedent.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-90-2 answered two advertising questions. On the first, whether a lawyer may advertise that the lawyer holds a public office or position, the committee answered yes, subject to SCR 20:7.5(c) and SCR 20:8.4(d). SCR 20:7.5(c) provides that the name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. SCR 20:8.4(d) makes it professional misconduct for a lawyer to state or imply an ability to influence improperly a government agency or official. The committee explained that these rules do not absolutely prohibit public officeholders from being identified with a law practice, and that whether a particular communication implies improper influence must be determined case by case. It withdrew its earlier Formal Opinion E-83-22 but reaffirmed it in part, and noted that advertising that a lawyer is a "court commissioner" of some kind has long been a common practice that has not posed a danger to the public.

On the second question, whether a lawyer may advertise being licensed in another profession or occupation, the committee withdrew its earlier Formal Opinions E-80-4 and E-83-8. It explained that the Rules of Professional Conduct, effective January 1, 1988, contain no express prohibition against advertising that a lawyer is also licensed in another occupation or profession, and that any problem would relate to the general prohibitions against misleading or deceptive conduct (SCR 20:7.1(a) and SCR 20:8.4(c)). The committee did not believe that advertising that a lawyer is also a medical doctor or a certified public accountant would violate SCR 20:7.4's prohibition against implying specialist status, because SCR 20:7.4 does not prohibit truthfully stating or implying expertise; it prohibits stating or implying that the lawyer has been formally recognized as a specialist. The committee noted that the constitutionality of SCR 20:7.4 was then at issue in In re Peel.

Currency note

This opinion was issued in 1990, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update). 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: Could a lawyer advertise holding a public office?

A: Yes. The committee concluded a lawyer may advertise holding a public office or position, subject to SCR 20:7.5(c) on use of the name in a firm name and SCR 20:8.4(d) on not implying an ability to improperly influence a government agency.

Q: Could a lawyer advertise being licensed as a doctor or accountant?

A: Yes. The committee concluded the rules contain no express prohibition and that advertising another professional license does not imply formal specialist recognition under SCR 20:7.4, so long as the communication is not misleading.

Q: What limits still applied to such advertising?

A: The misleading-conduct rules. The committee concluded that any problem would relate to the general prohibitions against misleading or deceptive conduct in SCR 20:7.1(a) and SCR 20:8.4(c).

Background and rules framework

The opinion interpreted SCR 20:7.5 / Model Rule 7.5 (firm names and letterhead, in particular subsection (c) on public officeholders), SCR 20:7.4 / Model Rule 7.4 (communication of fields of practice and specialization), SCR 20:7.1 / Model Rule 7.1 (false or misleading communications), and SCR 20:8.4 / Model Rule 8.4 (subsections (c) and (d)). It withdrew prior Formal Opinions E-83-22 (in part), E-80-4, and E-83-8.

Citations and references

Rules of Professional Conduct:

Wis. SCR 20:7.5 / Model Rule 7.5 (firm names; public officeholders)
Wis. SCR 20:7.4 / Model Rule 7.4 (fields of practice; specialization)
Wis. SCR 20:7.1 / Model Rule 7.1 (false or misleading communications)
Wis. SCR 20:8.4 / Model Rule 8.4(c), (d) (misconduct)

Cases:

In re Peel, 126 Ill. 2d 397, 534 N.E.2d 980 (1989), constitutionality of specialist-advertising limits

Other opinions cited:

Wisconsin Formal Op. E-83-22 (withdrawn in part)
Wisconsin Formal Ops. E-80-4 and E-83-8 (withdrawn)

Source

Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-90-2.pdf

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