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NEW YORK STATE BAR ASSOCIATIONProfessional
Ethics Committee Opinion Opinion #62 - 10/16/1967
(17-67)
Topic: Advertising, Lawyers' Directory
Digest: Lawyer member may not list specialties in a lawyer
association membership directory
Canon: Former Canon 27, 43, 46
QUESTION
An association of lawyers of Italian descent in a particular locality
proposes to publish a directory listing the names and addresses of all
members of the association together with the specialty of each member
where applicable. The directory will be distributed to members of the
association only. The association asks whether this practice would be
proper from an ethical standpoint.
OPINION
It is the opinion of the Committee that the proposed publication and
distribution would be proper only if it omitted reference to the
specialties of the members.
Canons 27, 43 and 46 are involved. Canon 27 relating to
advertising and solicitation permits inclusion of a lawyers name,
address, biography and "branches of his profession practiced" in
"reputable law lists." The American Bar Association certifies
associations which its Special Committee on Law Lists believes to be
"reputable." The membership directory of the association in
question is not a law list. Canon 46 provides that where a lawyer
is engaged in rendering a specialized legal service directly and only to
other lawyers, "a brief, dignified notice of that fact, couched in
language indicating that it is addressed to lawyers, inserted in legal
periodicals and like publications, when it will afford convenient and
beneficial information to lawyers desiring to obtain such service, is
not improper." The membership directory in this case is not a
legal periodical or like publication.
Related Files
Advertising (Adobe PDF File)
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