Doe and Moe
Attorneys at Law
Address
Announcing the Formation of a Partnership
for the General Practice of Law
Specializing in Practice before the Securities and Exchange Commission
and other Governmental Agencies
| Phone Number |
John Doe |
| Date |
Joe Moe |
Opinion
Canon 27 states, in part, that "It is unprofessional to solicit professional employment by circulars, advertisements, through touters or by personal communications or interviews not warranted by personal relations."
Canon 46 as amended by the American Bar Association on February 21, 1956, states in full:
A lawyer available to act as an associate of other lawyers in a particular branch of the law or legal service may send to local lawyers only and publish in his local legal journal a brief and dignified announcement of his availability to serve other lawyers in connection therewith. The announcement should be in a form which does not constitute a statement or representation of special experience or expertness.
Prior to its amendment, and at the time of its adoption by the Colorado Supreme Court in 1953, Canon 46 read as follows:
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 conclusions reached in this Opinion and in Opinions No. 5 and No. 6 would be the same under Canon 46 prior to amendment.
If the card were mailed to persons (including clients) other than local lawyers, it would violate Canon 27 as the advertising of a specialty. The Committee on Professional Ethics and Grievances of the American Bar Association has held in numerous opinions that an announcement or card may not designate or imply a specialty (except patent law and admiralty law), since such would constitute indirect advertising in violation of Canon 27. See Opinions 36, 114, 145, 175, and 251 of the ABA Committee.
Canon 46 is an exception to Canon 27 but is to be strictly construed. See ABA Opinion 145. The card is apparently not addressed only to other lawyers, let alone only to "local lawyers," since it makes no reference to availability to associate with other lawyers in cases within the designated specialty, and, furthermore, it refers to "general practice" as well as the specialty. Nevertheless, if the card were mailed only to local lawyers, it is difficult to see how such could constitute advertising and, therefore, be in violation of Canon 27. The card is not self-laudatory and makes no reference to any "special experience or expertness."
The Committee is of the opinion that the announcement card referred to is proper if mailed only to local lawyers but, if not so restricted, it is in violation of Canon 27.
