Can a lawyer tip off a general-circulation newspaper about a change of address, new firm affiliation, or promotion so it gets printed in the business section?

Currency note

This opinion was issued in 1975, before the State Bar of California's adoption of the November 1, 2018 revisions to the Rules of Professional Conduct. The opinion interprets former California Rules 2-101, 2-102, and 2-103, the predecessors to the current advertising and solicitation rules (current Rules 7.1-7.3; Model Rules 7.1-7.2). It also predates Bates v. State Bar of Arizona (1977), which struck many categorical advertising restrictions and substantially changed what bars may prohibit. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the State Bar of California's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.

About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.

View original opinion

Plain-English summary

The committee addressed whether an attorney could advise nonlegal newspapers (those not circulated primarily among lawyers) of the attorney's change of address, termination or formation of an association, partnership, or professional corporation, or elevation or change of status within a firm. The inquiry described a local custom in which lawyers informally tipped the local nonlegal newspaper, which then printed the item in its business section at the paper's discretion, with no consideration paid and no right to publication. The committee expressly limited its opinion to nonlegal newspapers and offered no view on newspapers circulated primarily among lawyers.

The committee concluded the practice was improper and contrary to the Rules of Professional Conduct. It quoted former Rule 2-101 (general prohibition against solicitation), Rule 2-102 (publicity in general, barring self-laudatory communications and paid commercial publicity), and Rule 2-103 (enumerating the modest and dignified professional cards, announcement cards, signs, letterheads, directory and law-list entries that are permitted). It reasoned that Rule 2-102(A) might reach an "elevation in status" announcement but not a mere "change in address," and that Rule 2-102(B)'s ban on commercial publicity applied only where consideration was paid, so Rule 2-102 alone did not clearly proscribe brief, dignified, unpaid announcements.

The committee based its conclusion instead on the convergence of Rule 2-103 and Rule 2-101. Rule 2-103 permits professional notices only in the enumerated forms (cards mailable to lawyers, clients, friends, and relatives; signs; letterheads; directory and law-list listings), and the announcement to a nonlegal newspaper is not among them. Read with the Rule 2-101 ban on solicitation, the committee concluded the conduct was an improper solicitation of professional employment among lay clients.

Common questions

Q: Can a lawyer tell a general-circulation newspaper about a new address or firm so it gets printed?

A: No. The committee concluded that advising a nonlegal newspaper of changes in address, professional affiliation, or status is improper, because former Rule 2-103 permits professional notices only in enumerated forms and the conduct converges with the Rule 2-101 ban on solicitation.

Q: Does it matter that the lawyer pays nothing and the paper controls the content?

A: The committee found that Rule 2-102(B)'s ban on commercial publicity reaches only paid publicity, so the unpaid nature did not save the practice; it rested its conclusion on Rule 2-103's limited list of permitted notices read with Rule 2-101.

Q: Can a lawyer mail an announcement card about a new association or address?

A: Yes, within limits. The committee noted that former Rule 2-103(A)(2) permits a brief professional announcement card stating new or changed associations or addresses, mailed to lawyers, clients, former clients, friends, and relatives; the problem was publication in a nonlegal newspaper.

Background and rules framework

The opinion interprets former California Rule 2-101 (general prohibition against solicitation), Rule 2-102 (publicity in general), and Rule 2-103 (permitted professional notices, letterheads, offices, and law lists). These advertising and solicitation concerns now appear, in altered form, in Model Rules 7.1-7.2 and the California analogs (Rules 7.1-7.3), as reshaped by Bates and later commercial-speech decisions.

Citations and references

Rules of Professional Conduct:

• Former California Rules 2-101, 2-102 (subdivisions (A), (B), (C)), and 2-103 (subdivision (A)(1)-(7))
• Current analogs: Model Rules 7.1-7.2 / California Rules 7.1-7.3

See also

• CA Ethics Op. 1971-27: False Partnership Firm Names
• CA Ethics Op. 1970-20: Patent Law Firm Directory Listings
• CA Ethics Op. 1969-17: Lawyer Hosting a Radio Program

Source

• Landing page: https://www.calbar.ca.gov/legal-professionals/ethics-compliance-practice-resources/ethics/ethics-opinions
• Original opinion: https://www.calbar.org/ethics/Opinions/1975-32.htm

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Is it proper to publish professional announcements in "nonlegal newspapers?"

Rules 2-101, 2-102 and 2-103 of the Rules of Professional Conduct of the State Bar.

The opinion of this Committee has been requested with respect to the propriety of a member of the State Bar advising nonlegal newspapers of information relating to the attorney's (1) change of address, termination, or formation of an association, partnership or professional corporation, or (2) elevation or other change of status within a firm. The inquiry indicates that it has been the custom in a particular California community for lawyers to advise the local nonlegal newspapers of such matters by informal means and that mention of such matters, the actual content of which is solely within the control of the newspaper, is generally published in the business section of the newspaper. We understand that no consideration is given by the lawyer for the nonlegal newspaper's publication of the information, that publication of the information is not made as a matter of right, and that such publication is intended for the general information of the nonlegal newspaper's readers. (The term "nonlegal newspaper," as used herein, means a newspaper other than one which is circulated primarily among lawyers.) It should be noted that we express herein no opinion with respect to the propriety of the publication of such information in newspapers circulated primarily among lawyers.

It is the Committee's opinion that it is improper and contrary to the Rules of Professional Conduct for a member of the State Bar to advise a nonlegal newspaper of changes in an attorney's address, professional affiliation, or status. We base our opinion on the following rules and the analysis thereof that follows:

"Rule 2-101. General Prohibition Against Solicitation of Professional Employment.

"A member of the State Bar shall not solicit professional employment by advertisement or otherwise. Conduct permitted by rules 2-102 through 2-106 shall not be deemed solicitation within the meaning of this rule.

"Rule 2-102. Publicity in General.

"(A) A member of the State Bar shall not prepare, cause to be prepared, use or participate in the use of, any form of public communication that contains professionally self-laudatory statements calculated to attract lay clients;...

"(B) A member of the State Bar shall not publicize himself ... or any other attorney . . . 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 rules 2-103 and 2-104...

"(C) Except as provided in these rules, a member of the State Bar shall not solicit professional employment by compensating or giving any thing of value to representatives of the press, radio, television, or other communication medium in anticipation of or in return for publicity, of himself or any other attorney."

"Rule 2-103. Professional Notices, Letterheads, Offices and Law Lists.

"(A) A member of the State Bar or firm of which he is a member shall not use professional cards, professional announcement cards, office signs, letterheads, telephone directory listings, law lists, legal directory listings or similar professional notices or devices except that the following may be used if they are in modest and dignified form:

"(1) A professional card of a member of the State Bar identifying him by name as a lawyer and giving his addresses, telephone number and the name of his law firm . . . Such cards may be used for identification but may not be published in periodicals, magazines, newspapers, or other media, ...

"(2) A brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters ... which may be mailed to lawyers, clients, former clients, personal friends and relatives . ..

"(3) A sign on or near the door of the office and in the building directory identifying the law office ...

"(4) A letterhead of a member of the State Bar identifying him by name and as a lawyer and giving his addresses, telephone numbers, the name of his law firm, associates and any information permitted under rule 2-106...

"(5) A listing of the office of a member of the State Bar or firm of which he is a member in the alphabetical and classified sections of the telephone directory or directories for the georgraphical area or areas in which the member of the State Bar resides or maintains offices or regularly practices law and in the community directory or guide for one or more cities or counties in which the member of the State Bar resides or maintains offices or regularly practices law;...

"(6) A listing in a law list or legal directory certified by the American Bar Association or by the State Bar of California as being in compliance with appropriate rules and standards...

"(7) A listing of a member of the State Bar identifying him by name and as a lawyer and giving his addresses and telephone numbers, either alphabetically or under a single classification used to designate "attorneys" or "lawyers" in a membership roster, register, directory, or other membership list of a service club, charitable organization, fraternity, school alumni association, business, professional or trade association of which he is a member..."

If advising a nonlegal newspaper of changes of address, professional affiliation, or status, under circumstances where the attorney is aware that publication of such information will follow, constitutes solicitation of "professional employment by advertisement or otherwise," then one need look no further than rule 2-101 of the Rules of Professional Conduct to conclude that such activity violates the Rules of Professional Conduct. But will such activity constitute solicitation of professional employment if the attorney's intent is solely to inform most efficiently those who reasonably need to know such information?

Rules 2-102 and 2-103 of the Rules of Professional Conduct are helpful in determining what may constitute solicitation of professional employment. "[P]ublic communication that contains professionally self-laudatory statements calculated to attract lay clients" is proscribed by rule 2-102(A) of the Rules of Professional Conduct. This proscription might be argued to proscribe advising a nonlegal newspaper of an attorney's "elevation in status" but not a "change in address." Rule 2-102(B) of the Rules of Professional Conduct prohibits newspaper advertisements and "other means of commercial publicity," but we believe this additional prohibition is applicable only to publicity where some consideration is paid or given in return therefor. Rule 2-102 of the Rules of Professional Conduct cautions that the solicitation of professional employment is synonymous with the attraction of lay clients and that solicitation may be inferred from self-laudatory or paid public communication. While rule 2-102 of the Rules of Professional Conduct suggests that an attorney's conduct may be ethically improper without regard to actual intent, it does not apparently proscribe brief, dignified, unpaid announcements to newspapers with respect to an attorney's change in address, professional affiliation or status.

Rule 2-103 of the Rules of Professional Conduct does proscribe such activity and we base our opinion on the convergence of this rule and rule 2-101 of the Rules of Professional Conduct. Rule 2-103 of the Rules of Professional Conduct specifically prohibits the use of professional notices or devices with the exception of certain professional cards, professional announcement cards, signs, letterheads, directories and lists which are in modest and dignified form. This prohibition includes the conduct which is the subject of the request for this opinion and seems intended to reach the solicitation by an attorney of professional employment by or among lay clients.