ETHICS OPINION 489-1960 ADVERTISING

NUMBER 489

QUESTION.

 

Would it be professionally proper for an attorney to print the following announcement in the New York. Law Journal for one day:

 

“JOHN DOE

 

announces to members of the Bar the opening of an office for the practice of law with special emphasis on matters involving federal agencies, the Federal Tort Claims Act, eminent domain, government contracts, and Court of Claims proceedings in collaboration with Washington counsel; and matters arising under the law of the State of New York, in collaboration with New York counsel.

 

Admitted to practice in New York (19–), Louisiana (19–) and District of Columbia (19–).

 

(Date)

Office open Monday (Address and Telephone

through Friday Number)”

 

ANSWER.

 

Except as provided in Canon 46, advertising by lawyers is contrary to Canon 27. Canon 46 provides:

 

“Where a lawyer is engaged in rendering a specialised 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 services, is not improper.”

 

It should be noted that Canon 46 has reference to “specialized legal service” which is rendered “directly and only to other lawyers”. It does not appear from the question that the lawyer making the inquiry is engaged in rendering the listed services “directly and only to other lawyers”, as opposed to lay clients.

 

Furthermore the wide-ranging services offered are too general in nature to constitute “specialized legal services” within the meaning of Canon 46.

 

Finally the text of the proposed advertisement itself including the use of the phrase “office open Monday through Friday” offend against the criteria of brevity and dignity.

 

For these reasons the proposed advertisement is prohibited by Canon 27 and not permitted by the exception of Canon 46.

 

Dated: February 11, 1960