|
It is not improper for a lawyer to be named as a sponsor of a community
activity as long as he is not identified as a lawyer nor his business
address shown in the announcement, although the practice is not
to be encouraged.
The
applicable Disciplinary Rule of the Code of Professional Responsibility
is DR2-101(B) which provides in part as follows:
"A
lawyer shall not publicize himself, his partner, or associate as
a lawyer through newspaper or magazine advertisements, radio or
television announcements, display advertisements in city or telephone
directories, or other means of commercial publicity, nor shall he
authorize or permit others to do so in his behalf except as permitted
under DR2-103."
The
issue is whether or not permitting a lawyer's name to be included
as a sponsor of worthwhile events such as charity balls, church
affairs, and other similar public events, is prohibited by the traditional
ban on a lawyer's advertising himself and therefore soliciting business.
The Standing Committee on Legal Ethics of the ABA addressed itself
to this question in Informal Opinion C-432 in 1961. The pertinent
portion of this opinion provides as follows:
"Even
if the lawyer was not designated as such in the advertisement for
list of sponsors, it would seem to be improper for his business
address to be shown, since the only apparent purpose of showing
such address would be to enable persons to locate him. In the case
of local newspaper advertisements for institutional, charitable
and community events or purposes it is not improper for a lawyer's
name to be shown as a contributor or supporter or sponsor, provided
it is not indicated that he is a lawyer and his business address
is not shown. The same would apply to his name appearing in high
school or college yearbooks or in programs of charitable or church
affairs, police and firemen's balls or similar public affairs. However,
it is the opinion of this Committee that such practice should not
be encouraged. Many lawyers decline to have their names printed
in journals, programs or advertisements under any circumstances.
However, a mere contribution to the cause sometimes inures solely
to the benefit of the newspaper publishing the complimentary page
and would not fully accomplish the purpose for which these pages
are run. Generally speaking, it seems to the Committee that there
ought to be some direct connection between the lawyer and the institution,
occasion or event which is being publicized, or it should be something
of such general interest in the community that lawyers generally,
as public-spirited citizens, might be reasonably expected to participate
in."
The
Advisory Committee is of the opinion that while the practice is
not to be encourages, it is not unethical for a lawyer to be named
as a sponsor of a community activity as long as he is not identified
as a lawyer nor his business address shown in the announcement.
72-12
|
