Ethics Opinion 213

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION
Professional Ethics Committee Opinions

Opinion #213 – 11/22/1971 (46-71)

Topic: Solicitation
Digest: A lawyer may permit the use of his name in a businessmen’s brochure but not the fact that he is an attorney
Code: DR 2-101(B)

QUESTION

May a lawyer member of a businessmen’s association include his name and occupation in a brochure designed to attract business to the area?

OPINION

A lawyer shall not publicize himself nor shall he authorize others to do so on his behalf. DR 2-101(B) provides in part. “A lawyer shall not publicize himself, his partner or associate as a lawyer through newspaper or magazine advertisements, radio or television announcements, display advertisements in city or telephone directories or other means of commercial publicity, nor shall he authorize or permit others to do so in his behalf.”Only the listing of the name of the attorney without reference to his occupation in such brochure would be permitted. See N.Y. State 201 (1971).

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