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THE SUGGESTED ANNOUNCEMENT BY THE INQUIRER AS TO THE AVAILABILITY
OF HIS FIRM AS AN ASSOCIATE IS APPROVED.
CODE
PROVISIONS INTERPRETED:
Canon
46. 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.
DR 2-105
(A)(3). A lawyer available to act as a consultant to or as an associate
of other lawyers in a particular branch of law or legal service
may distribute to other lawyers and publishing legal journals a
dignified announcement of such availability, but the announcement
shall contain a representation of special competence or experience.
The announcement shall not be distributed to lawyers more frequently
than once in a calendar year, but it may be published periodically
in legal journals.
FACTUAL
SITUATION
The
inquirer desires to make known the availability of his firm as an
associate in certain areas of the law by the distribution by mail
to city and village attorneys of an announcement to this effect.
DISCUSSION
The
extent to which a lawyer may thus make known to his fellow practitioners
his desire to serve them in a consulting capacity has been the subject
of considerable attention by the American Bar Association Committee.
We have set forth above the text of Canon 46 as it was amended in
1956 and as it existed just prior to the adoption of the new Code
of Professional Responsibility. Formal opinion 194 (April 22, 1939)
contains a helpful discussion of the problem and the attitude of
the ABA Committee at that time. An earlier draft of Canon 46 read
as follows:
"When
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. "
This
was repeatedly interpreted to be limited to the practice of admiralty,
patents, trademarks and copyrights. The 1956 amendment opened the
door to those lawyers who desire to do counsel work for other lawyers.
Informal
opinion 980 (July 3, 1967) deals with an announcement regarding
patent and trademark practice and makes reference to formal opinion
203 which also deals with patent and trademark practice. It is helpful
as a discussion of the basic problem involved. Informal opinion
1024 (May 29, 1968) is somewhat more informative in that it refers
to a proper announcement that might be distributed by a former public
official with reference to his availability as a consultant in eminent
domain proceedings and contains a suggested form of announcement.
The
new Code of Professional Responsibility, as quoted above, adopts
a somewhat different approach to the matter and this, of course,
we should consider as controlling. It is noted that the wording
of this disciplinary rule is precisely the same as in the tentative
and preliminary drafts.
Informal
opinion 1168 (February 4, 1971) deals directly with the proper content
of such an announcement as the inquirer desires to circulate and
the announcement proposed therein is of particular interest. The
inquiry is similar to that discussed in informal opinion 1024 in
that it involves a former public official.
The
announcement proposed by the inquirer will be prepared on the stationary
of his firm and is as follows:
"Our
law firm is available to act as an associate to city and village
attorneys in the general revision and codification of ordinances
for cities of the first and second classes and for villages.
This
notification is being sent only to city and village attorneys."
CONCLUSION
The
announcement as set forth above has the approval of the Committee.
72-9
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