ETHICS OPINION 364-1941

NUMBER 364 1941

Question. AB, an attorney, is listed in XYZ, a law list, approved by the American Bar Association. It has been suggested by the publishers of the list that the attorney send a card in the form indicated below to those persons who use the law list and customarily send collection claims to New York attorneys. Such persons may be collection agents, insurance agents, or lawyers who are not listed in the list and who reside outside of the City of New York. Is it professionally proper for AB to send a card in the form below indicated to persons enumerated above?

AB

Attorney at Law

Blackstone Building

New York City

XYZ Law List

Practice in all Courts

Prompt personal attention

given all matters

Answer. The form of the professional card submitted with this question should be changed to eliminate the following language: “XYZ Law List, Practice in all courts, Prompt Personal attention given all matters.”

Conformity with the letter and spirit of the Canons is necessary, and a simple professional card may, with propriety, contain only a statement of the lawyer’s name (and that of his lawyer associates), profession, address, telephone number, and special branch of the profession practice. (See Opinions 285 and 299.) Although the Committee does not regard the mailing of such cards promiscuously to members of the Bar as conforming to the best standards of the profession, it is not prepared to say that the mailing of such cards would be professionally improper. (See Opinions 285, 299, 337, and 354.)

 

In the opinion of the committee, it is improper for any member of the Bar to send any professional card to collection agents or insurance agents since this is a means of direct solicitation, in violation of Canon 27.