NUMBER 385 APRIL 1949
Question. An attorney, a member of the New York Bar, inquires whether it will be ethically proper for him to insert in two newspapers published in the Russian language in New York City, as a patent attorney, the following matter, which he states was approved as to contents by the Commissioner of Patents by letter dated February 11, 1949:
RUSSIAN-AMERICAN PATENT ATTORNEY
NEW YORK, N.Y.
X BUILDING, COR. PARK L,
SUITE 1000, l0TH FLOOR CORTLANDT 7-XXXX
office hours: 5:30 to 6:30 p.m.
SATURDAY 11:30 TO 1 P.M. AND BY APPOINTMENT
[The above matter is in Russian]
X Building Cortlandt 7-xxxx
New York, N.Y.
[The above matter is in English]
Answer. The proposed insertion in the Russian language newspaper is improper even though a patent attorney need not necessarily be a member of the Bar. A lawyer comes within the purview of the Canons of Professional Ethics and his status as a “Patent Attorney” does not in any way limit their binding effect upon him, (See Canon 27 as amended and Canon 45 of American Bar Association.)
We concur in Opinion 152 of the Committee on Professional Ethics and Grievances of the American Bar Association, dated February 15, 1936, reading in part as follows:
The Act of February 18, 1922 (U.S.C. Title 35, Section 11) contains a clause which, by inference at least, suggests that advertising by patent attorneys may be sanctioned. This fact does not alter our conclusion. In our opinion such a law, designed to regulate a calling which like so many others, may be engaged in by layman and lawyer alike cannot be construed to permit the solicitation of professional employment by advertisement or otherwise by one who is bound by the ethics of the legal profession, which forbid that he “should advertise his talents or his skill as a shopkeeper advertises his wares.” (People ex rel Attorney General vs. McCabe, 18 Colo. 186, 32 Pac. 280, 19 L.R.A. 231, 36 Am. St. Rep. 270.)