ETHICS OPINION 514-1963 ADVERTISING

NUMBER 514

QUESTION.

 

We have had a number of inquiries as to the propriety of an attorney listing his name in the _____________ Classified Directory as per the following advertisement:

 

“_____________ CLASSIFIED DIRECTORY CO.

 

We are independent publishers of a classified directory encompassing business firms in the entire State of New York. This is a solicitation for your listing in our annual publication.

 

 

CLASSIFICATION — Lawyers

 

— Correct Sample if Necessary —

Business Listings

Cost Per Year . . . . . . . $45.00

 

DETACH THIS UPPER PORTION AND RETURN WITH YOUR REMITTANCE

Directory Advertising Gets Results

____________ CLASSIFIED DIRECTORY CO. will publish a classified directory encompassing selected businesses throughout the entire State of New York. There are over seventy-five separate telephone and independent directories now being used throughout the State, but most of these directories are limited as to geographic area covered. Instead of paying various rates to appear in many separate directories, we offer you the opportunity to subscribe to ______________ CLASSIFIED DIRECTORY COMPANY’S annual publication. The company’s annual publication will go to print on or before December 31, 1963. Each paid subscriber will receive one free copy of the directory. Additional copies may be purchased for two dollars each. There will be additional directories printed and these additional directories may be sold or given away at our discretion.

 

We have directories of businesses for nearly all of the United States, Canada and Mexico, and we can make the name, address and telephone numbers available to our subscribers at a nominal cost. You can request names and addresses of hotels and motels in a city where you’re planning a trip — names of stores in a city where you wish to purchase a local product — or of businesses in a city where there might be good sales prospects for your product or service. Send remittance for your listing within ten days of receipt of this solicitation and you may make five requests of DIRECTORY INFORMATION SERVICE free annually. All other requests for directory information are charged at five dollars each.

 

CLASSIFIED DIRECTORY CO.

 

G. P.0. Box 0000

 

NEW YORK 1, NEW YORK.”

ANSWER.

 

Canon 27 of the Canons of Professional Ethics provides in part:

 

“27. Advertising, Direct or Indirect. It is unprofessional to solicit professional employment by circulars, advertisements, through touters or by personal communications or interviews not warranted by personal relations. * * * “

 

Canon 43 provides:

 

“43. Approved Law Lists. It is improper for a lawyer to permit his name to be published in a law list the conduct, management or contents of which are calculated or likely to deceive or injure the public or the profession, or to lower the dignity or standing of the profession.”

 

The listing of an attorney’s name in such a classified directory as is described in the foregoing question would be a violation of both Canons 27 and 43 and is disapproved.

 

July 30, 1963