AN ATTORNEY WHO CHANGES THE LOCATION OF HIS OFFICE IN THE COMMUNITY
WHERE HE PRACTICES LAW MAY COMMUNICATE THIS INFORMATION BY A BRIEF
PROFESSIONAL ANNOUNCEMENT CARD WHICH MAY BE MAILED TO LAWYERS, CLIENTS,
FORMER CLIENTS, PERSONAL FRIENDS AND RELATIVES.
INCIDENTAL TO THE OPENING OF THE NEW OFFICE, HE MAY PROPERLY HAVE
AN OPEN HOUSE AND SERVE REFRESHMENTS TO THE INVITEES PROVIDED THE
GUESTS ARE LIMITED TO CLIENTS AND OTHER ATTORNEYS.
QUESTIONS POSED
An attorney practicing in leased office space purchased a building
and has removed his office thereto. He has not previously sent out
professional ammouncements, but desires to herald his change of
office location by mailing same and inviting the addressee to a
day-long open house at the office at which refreshments will be
served. He inquires as to the propriety of sending out such announcements
and of holding an open house at the new location.
CODE PROVISIONS, CITATIONS AND DISCUSSION
DR 2-102 (A)(2) of the Code of Professional Responsibility, provides
in part:
"A brief professional announcement card stating new or changed
associations or addresses, change of firm name, or similar matters
pertaining to the professional office of a lawyer or law firm, which
may be mailed to lawyers, clients, former clients, personal friends
and relatives... is permissible to give notice of a lawyer's change
of office address."
The propriety of
holding an open house at a new office and of serving refreshments
to invitees does not appear to have been ruled upon squarely by
the American Bar Association Committee on Ethics and Professional
Responsibility or by our Advisory Committee. However, Informal Decision
623 of the American Bar Association Committee is helpful in resolving
the questions posed here. This decision was rendered March 11, 1963,
prior to the adoption of the Code of Professional Responsibility,
but the principles stated therein are equally valid under the New
Code. In that decision, the Committee said:
"You
have inquired of this Committee whether it is unethical for a law
office to hold an 'open house' at the opening of its new offices
or upon the redecoration and refurnishing of its old offices, to
which lawyers, public officials and prominent business men are invited.
Canon
27 provides that it is unprofessional to solicit professional employment
by circulars, advertisements, through touters or by personal communications
or interviews not warranted by personal relations. Indirect advertisements
of all kinds except the customary use of simple professional cards,
are improper...
The
Committee has held that a lawyer opening an office, or removing
to a new address, or admitting new members, or having a partner
or associate returning from government service or entering military
service, may send a notice thereof to persons with whom 'he has
already established such personal relations as would reasonably
justify a belief that he enjoys the friendship and confidence of
such person to such extent that the person receiving the announcement
will consider it news of genuine interest and value.' Within such
limitations an announcement of the opening of a new office could
be properly sent to those individuals with whom personal relations
warranted...While in many cases the invitation to an open house
extended to 'public officials and prominent business men' is doubtless
prompted simply by the natural pride of the attorneys in the appearance
and furnishings of the office, nevertheless, the necessary effect
of any such open house or invitation to it, in the opinion of the
Committee, constitutes advertising prohibited by Canon 27."
The
opinion concludes that:
"It is not improper for attorneys to entertain their clients
and other attorneys in their offices or elsewhere, but judgment
should be relied upon to keep such entertainment within proper limits."
CONCLUSION
We conclude that it is not improper for an attorney to send out
announcements of the opening of his new law office by brief professional
announcement cards mailed to lawyers, clients, former clients, personal
friends and relatives.
We conclude further that in connection with the opening of his new
office he may properly have an open house and serve refreshments
to the invitees provided the guests are limited to clients and other
attorneys.
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