|
Syllabus
A lawyer may not use or allow the use of his professional stationery, or other stationery identifying him as a lawyer, in connection with any solicitation on behalf of a charitable or other organization.
Facts
A lawyer solicits on behalf of a charitable or other organization. As a part of the program of the organization, the lawyer is given a list of names to contact in an attempt to raise money for the organization. The lawyer contacts those persons by mail, soliciting contributions and using his professional stationery or other stationery identifying him as a lawyer.
Is the lawyer in violation of the Canons of Professional Ethics in so doing?
Opinion
In the opinion of the Committee, the lawyer is in violation of Canon 27 (advertising).
The lawyer is in violation of Canon 27 if he uses or allows his professional letterhead, or other stationery identifying him as a lawyer, to be used in the solicitation of funds for a charitable organization or other organization; this is true, no matter what the purpose of the organization. It is improper for a lawyer to so identify himself, since the only apparent purpose of such identification would be to bring his name as a lawyer before the public, or a segment thereof (i.e., advertising). This being the basic reasoning of the Committee, it is not significant whether the lawyer is an officer or a member of the board of directors of the organization.
The Committee believes that a lawyer may not use his stationery for the purpose of writing circular letters. Use of a lawyer's stationery should be confined to correspondence with those with whom he has an established professional or personal relationship. However, even though the Committee believes this to be the better practice, it finds that if the lawyer in the above stated facts had contacted by mail only members of the Bar, such action would not necessarily be improper. The Committee believes that it would be in better taste if the lawyer were to use the stationery of the organization involved or his personal stationery without the designation "attorney at law' in making such solicitations even to members of the Bar, and in such a way so that he could not be identified as a lawyer by people who do not know him.
The Committee does not wish to be critical of members of the Bar who in the past inadvertently and without any intent to advertise have indulged in a questionable use of their professional stationery, or other stationery identifying them as lawyers.
|
