Can a former State Bar president use that title when publicly endorsing a political candidate?

Plain-English summary

Informal Opinion 4/69 concerned attorneys who were past presidents of the State Bar permitting their names, along with their standing as past presidents, to be listed in endorsing a partisan political candidate for statewide office, raising the concern that the public might construe such endorsements as endorsements by the State Bar of Wisconsin.

Consistent with its stated policy in the State Bar Rules of declining to respond to inquiries about past or present conduct except from a grievance committee, the committee declined to pass on the conduct in this instance. It did, however, recommend that the Board of Governors consider adopting a policy that no lawyer, alone or with others, engage in conduct from which it might reasonably be inferred that the State Bar of Wisconsin, its Board of Governors, or any of its sections or committees favors or endorses any political party or candidate.

A note records that the Board of Governors adopted that policy on the committee's recommendation, and that the recommendation and policy do not prevent individual lawyers or groups of attorneys from endorsing and expressing their opinions regarding the qualifications of a judicial or political candidate.

Currency note

This opinion was issued in 1969, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update). The committee declined to opine on the individual conduct and instead recommended a bar-governance policy on institutional political neutrality. The current rule most relevant to a communication that could imply an institutional endorsement is SCR 20:7.1 / Model Rule 7.1 (communications concerning a lawyer's services must not be false or misleading). 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 Treat this page as historical context, not current guidance.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: Did the committee decide whether a past bar president can use that title in a political endorsement?

A: No. The committee declined to rule, citing its policy against opining on past or present conduct except on a grievance committee's request.

Q: What did the committee recommend instead?

A: It recommended a policy, later adopted by the Board of Governors, against any lawyer conduct from which it might be inferred that the State Bar endorses a political party or candidate.

Q: Does the policy stop individual lawyers from endorsing candidates?

A: No. The note states the policy does not prevent individual lawyers or groups from endorsing or expressing opinions on the qualifications of a judicial or political candidate.

Background and rules framework

The committee declined to opine on the individual conduct and addressed only the State Bar's institutional neutrality through a recommended governance policy. The current rule most relevant to communications that might imply an institutional endorsement is SCR 20:7.1 / Model Rule 7.1.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / SCR 20:7.1 (communications concerning a lawyer's services; false or misleading)

See also

• WI Ethics Op. I-2-69: Contributions to Judicial Campaigns
• WI Ethics Op. E-72-1: Local Bar Judicial Endorsement Programs

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/I-4-69.pdf