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IT IS PROPER FOR AN ATTORNEY TO PARTICIPATE IN AN INTERVIEW AT THE
REQUEST OF A REPORTER FROM A LOCAL NEWSPAPER, WITH OR WITHOUT PHOTOGRAPHS,
SO LONG AS THE NEWS ARTICLE IS LIMITED TO THE INFORMATION PERMITTED
BY THOSE OF THE 25 GUIDELINES LISTED UNDER DR2-101(B) WHICH ARE
DEEMED NEWSWORTHY AS DISTINGUISHED FROM INFORMATION DEEMED TO CONSTITUTE
COMMERCIAL ADVERTISING, AND PROVIDED DR2-101(A) AND (H) ARE COMPLIED
WITH.
OPINION NO. 74-11 IS HEREBY RESCINDED.
DISCUSSION
Opinions No. 74-11 was based upon the prohibitions
against lawyer advertising which were embodied in DR2-101 (A)
and (B) as in effect prior to the Amendments to the Code adopted
by the Nebraska Supreme Court in November 1977.
Inasmuch as such Amendments permit advertising by lawyers within
certain guidelines, the prohibitions against advertising contained
in Opinions No. 74-11 are no longer applicable.
DR2-101 (A) and (B) as presently in effect permit a lawyer to publish
or broadcast certain factual information in defined media. This
Committee feels there is a distinction between permitted commercial
advertising on the one hand, and participation in an interview with
a newspaper which is of general news interest, on the other. The
purpose of the former is to aid prospective clients in the intelligent
selection of an attorney; the purpose of the latter is the dissemination
of news which is of interest to the general public. The news article,
therefore, should not contain information concerning fees and hourly
rates, office hours, or whether credit cards are accepted, for example,
as that is the type of factual data which is appropriate to direct
commercial advertising, and should not be permitted to be indirectly
slipped into the news article under the guise of being generally
newsworthy.
Further,
the constraints of DR2-101 (A) and (H) would still apply. The information
given to the reporter should not contain any false, fraudulent,
misleading, deceptive, self-laudatory or unfair statement or claim.
The attorney should not compensate or give anything of value to
the reporter in anticipation of or in return for professional publicity
in a news item.
78-1, February 24, 1978
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