Can a lawyer print a business card that identifies the lawyer as both an attorney and a real estate agent?

Plain-English summary

The committee addressed a lawyer who wanted a business card identifying the lawyer as both an attorney and a real estate agent. It concluded the lawyer could have such a card printed as long as both statements were true.

The committee identified two limits. RPC 7.4 would prohibit the lawyer from using the phrase "specializing in land sales and development." And if the card stated that the person is a lawyer, the lawyer could not also carry the designation "million dollar club," because it might create an unjustified expectation about the results the lawyer could achieve, which would violate RPC 7.1(b).

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct, and before the broader restructuring of the lawyer-advertising rules. The numbering and text of the rules on communications about a lawyer's services and on fields of practice have since changed. Treat this page as historical context, not current guidance.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's business card also list a second occupation like real estate agent?

A: Yes. The committee said the lawyer could have a card identifying the lawyer as both an attorney and a real estate agent as long as both statements were true.

Q: Can the card say the lawyer specializes in a field?

A: No. The committee said RPC 7.4 would prohibit using the phrase "specializing in land sales and development."

Q: Can the card include a sales-achievement label like "million dollar club"?

A: The committee said that if the card states the person is a lawyer, it could not also carry the "million dollar club" designation, because it might create an unjustified expectation about results and violate RPC 7.1(b).

Background and rules framework

The opinion interprets Washington RPC 7.1(b) and RPC 7.4 as they stood in 1986. RPC 7.1(b) addressed communications that could create an unjustified expectation about results (corresponding to Model Rule 7.1), and RPC 7.4 governed statements about fields of practice and specialization (the subject then addressed by Model Rule 7.4). The committee applied both rules to the content of a dual attorney/real-estate-agent business card.

Citations and references

Rules of Professional Conduct:

• Washington RPC 7.1(b) (communications that create an unjustified expectation about results), corresponding to Model Rule 7.1.
• Washington RPC 7.4 (communication of fields of practice and specialization), corresponding to Model Rule 7.4.

See also

• WSBA Ethics Op. 918: "no recovery, no fee" advertising and misleading claims
• WSBA Ethics Op. 907: listing nonlawyers on office signs and letterhead
• WSBA Ethics Op. 901: out-of-state affiliation and the "attorneys at law" designation

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=75

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 964
Year Issued: 1986
RPC(s): RPC 7.1(b); 7.4
Subject: Business card lists lawyer as both attorney and real estate agent

The Committee was of the opinion that you could have a business card printed which would identify you both as an attorney and a real estate agent as long as both statements were true. Rule 7.4 of the Rules of Professional Conduct would prohibit you from using the phrase "specializing in land sales and development." The Committee was further of the opinion that if you did state on the card that you are a lawyer, you could not also have the designation "million dollar club," as it might create an unjustified expectation about results you could achieve which would violate RPC 7.1(b).