AN ATTORNEY WHO PRACTICES INDIVIDUALLY OR WITH A FIRM MAY LIST HIS
HOME TELEPHONE NUMBER AS AN ALTERNATE TO HIS OFFICE NUMBER UNDER HIS
INDIVIDUAL ALPHABETICAL LISTING; HOWEVER, THE HOME TELEPHONE NUMBER
OF THE FIRM PARTNERS AND ASSOCIATES SHOULD NOT BE LISTED AS ALTERNATES
UNDER THE FIRM NAME ITSELF IN THE TELEPHONE DIRECTORY.
* * * *
A Nebraska attorney has inquired as to whether
his residence telephone number may ethically be listed in the classified
section of a telephone directory along with his business listing.
He advises that because of special spelling of his name, some confusion
has been experienced in clients identifying him in the general section
of the directory.
The matter of individual listing of resident listing
of telephone numbers was considered in Formal Opinion No. 295 and
in that matter the Committee adopted the rule set forth at the beginning
hereof. The Committee felt that listing the home telephone number
by and individual would not infringe Canon 27 prohibiting advertising.
The opinion stated:
"The
guiding factor is whether the listing provides a service to the
client or is a form of advertising. It is true that few emergencies
arise which require a telephone call to a lawyer on nights, Sundays
and holidays, and it is clear that the incidental publicity accorded
the individual lawyer where his home phone number is listed under
the firm name is negligible.
"If
lawyers reside within the business areas covered by the directory
their residence telephone numbers would ordinarily follow their
business listings in the alphabetical section. We distinguish between
listing the lawyer's individual business telephone number under
his name alphabetically and under the firm listing which is usually
separate."
The
foregoing opinion was cited and followed in Formal Opinion No. 313
which outlined the restrictions on telephone listings as follows:
".
. ., if a lawyer is a member of a law firm, both the firm and the
individual lawyer may be listed, even if there is a charge made
for a single listing. The listing should consist only of the lawyer's
name, address and telephone number. The address should not be lengthened
so as to make the listing occupy more space than a reasonable minimum.
"
As stated
in Informal Decision No. 646, the firm name in a telephone listing
may not be followed by a listing of all of the partners and associates
connected with the firm. In that decision, the Committee stated:
"The
telephone directory is to enable users of the telephone to ascertain
telephone numbers. It is not a law list. The telephone number of
the firm and the telephone numbers of the individual lawyers connected
with the firm, will be listed in the alphabetical section after
their respective names. There is no public interest from the standpoint
of telephone usage to be served by listing the names of the lawyers
connected with the firm after the firm name. Such information is
properly obtained from a law list or from personal contact with
or inquiry of the firm."
With
reference to the matter of confusion of spelling referred to by
the inquirer, attention is called to Informal Opinion No. 849 which
suggests that in certain cases, duplicate listings may be appropriate:
"Under
the particular circumstances described in the inquiry, listing the
name ("Smyth") under its common but technically incorrect
spelling ("Smith") as well as under its correct spelling
("Smyth") does not, of itself, appear to offend the spirit
of Canon 27."
69-4
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