Can lawyers and judges appear under their own names on a public service television program dramatizing real cases?

Plain-English summary

A member described a proposed television program in which two lawyers and a moderator would dramatize an actual, already-final case using fictitious party names, with the viewing audience treated as the jury and a judge rendering the verdict that had actually been rendered. The program would tell the audience that it was a dramatization, not a real courtroom case, and that counsel were appearing as actors best qualified to present each side.

The committee answered the member's specific questions. Lawyers and judges may appear using their proper names (yes); they may be identified as judges and attorneys without further reference to address, telephone number, or other descriptive background (yes); lawyers employed by a county, the state, a municipality, or other governmental agency are not bound by other rules beyond those applying to lawyers generally (the committee knew of none); and commercial sponsorship would not change those answers (no).

The opinion recorded two reservations. One member believed no attorney should participate unless the program was presented by or under the direct supervision of a Bar committee able to control the presentation. Another felt that, if commercially sponsored, it would be improper to identify participants as lawyers or judges, and that the committee should be hesitant to approve the dramatized facts and decision as actual.

Currency note

This opinion was issued in 1963, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 27 of the Canons of Professional Ethics; the text identifies current Rules 4-7.11 and 4-7.18(a) of the Rules Regulating The Florida Bar as the counterparts (Model Rules 7.1 and 7.3). The opinion notes that judicial conduct is governed by the Code of Judicial Conduct, interpreted by the Judicial Ethics Committee. Subsequent rule amendments or later opinions may have changed the analysis, and the constitutional limits on regulating lawyer advertising have developed substantially since 1963. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can lawyers appear on a TV program under their own names and be identified as lawyers?

A: Yes. The committee answered that lawyers and judges may appear using their proper names and be identified as judges and attorneys, without further reference to address, telephone number, or other background.

Q: Does it matter if the program is commercially sponsored?

A: The committee's stated answer was no, commercial sponsorship would not change its answers, though one member believed sponsorship should change how participants are identified.

Q: Are government-employed lawyers subject to extra restrictions for such a program?

A: The committee said it knew of no additional rules or ethical considerations beyond those applying to lawyers generally.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics, addressing advertising and how a lawyer may be publicly identified. The opinion identifies current Rule 4-7.11 (lawyer advertising generally) and Rule 4-7.18(a) (direct contact with prospective clients) of the Rules Regulating The Florida Bar as the counterparts (Model Rules 7.1 and 7.3). It separately notes that a judge's participation is governed by the Code of Judicial Conduct rather than the lawyer rules.

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; current Rules 4-7.11, 4-7.18(a) per the opinion]

See also

• FL Bar Ethics Op. 64-9: Lawyers on Educational TV
• FL Bar Ethics Op. 64-79: Newspaper Legal Column

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-62-52/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-62-52-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 62-52
February 18, 1963
Advisory ethics opinions are not binding.
Judges and lawyers may properly appear on a public service television program emphasizing cases and subjects of public interest.
Note: Judicial conduct is governed by the Code of Judicial Conduct. The Judicial Ethics Committee issues opinions interpreting this Code.
Canon: 27 [See current 4-7.11 and 4-7.18(a)]
Chairman Holcomb stated the opinion of the committee:
A member of The Florida Bar requested the opinion of the Committee on Professional Ethics on the question of a television channel presenting a public service program involving courts, judges and lawyers, emphasizing cases and subjects which have the greatest local interest and which deal in broad principles. He states that there will be three participants consisting of two lawyers and one moderator. The moderator may be a lawyer, a lay person or a judge. The moderator will address the viewing audience who will constitute the jury, and will advise them that the program is not and should not be considered to be a true courtroom case but merely is a dramatization of an actual case that has been adjudicated and has become final. He will introduce opposing counsel by name and advise the audience that they are appearing not as lawyers but as actors best qualified to present the views of each side of the case. He will relate briefly the nature of the case to be presented, emphasizing the aspects of the case bearing upon the public interest. Actual names of the parties to the cause will be replaced by fictitious names. The counsel will address the television audience as though it were in fact the jury and his address a summation. The judge will render a verdict which will be the verdict that was actually rendered in the case being dramatized. The programs will not be commercially sponsored.
The member asked:
(1) May lawyers and judges appear on the program, using their proper names?
Our answer to this question is Yes.
(2) May they be identified as judges and attorneys without further reference to their address or telephone number or other descriptive background material?
Our answer to this question is Yes.
(3) Are lawyers who are employed by the County or State or by a municipality or other governmental agency bound by any other rules or ethical considerations beyond those which apply to lawyers generally?
Our answer to this question is that we know of none.
(4) If the programs are commercially sponsored, are any of the questions to be answered differently?
Our answer to this question is No.
One member of the Committee believes that no attorney should participate in any program of the nature described unless it is presented either by or under the direct supervision of a committee of the Bar in which non-participating attorneys are able to view the situation objectively and to so control the presentation that it will reflect as much credit as possible upon the Bar and Courts without subjecting them to improper criticism.
Another member feels that, if the programs are commercially sponsored, it would be improper to identify the participants as lawyers or judges, and in any case we should be very hesitant to approve the facts presented as being actual facts and the actual decision rendered as one rendered by the courts of Florida.