Can a law firm send out an announcement of a merger and a new out-of-town office that lists the members' names and the cities where they practice?

Plain-English summary

A Florida law firm anticipated opening an additional office in another city at the same time it merged with a firm in that city. It proposed to send an announcement of these events, with a listing on the interfold denoting the individual names of the members of the merging firms and the cities in which they would practice. The committee found no objection to the form of the announcement and reproduced the proposed form, which announced the merger of the practices, the opening of new offices, and the firm's continued practice from both offices under a single firm name.

Currency note

This opinion was issued in November 1967, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct, and before the 1977 Bates v. State Bar of Arizona decision reshaped lawyer-advertising restrictions. It applied the former Canon 27. Firm names, letterheads, and announcement cards are now addressed by Rule 4-7.21 of the Rules Regulating The Florida Bar (Model Rule 7.1). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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 a firm send out a card announcing a merger and a new office?

A: Under this opinion, yes. The committee found no objection to a firm announcing both a merger and the opening of an additional office in another city.

Q: Can the announcement name the lawyers and the cities where they practice?

A: Yes. The committee approved a listing of the individual names of the members of the merging firms and the cities in which they would practice.

Background and rules framework

The opinion applied the former Canon 27, which governed advertising and publicity, including professional announcement cards. Firm names, letterheads, and announcements of changes in a firm are now addressed by Rule 4-7.21 of the Rules Regulating The Florida Bar; the Model Rule analogue for communications about a lawyer's services is Rule 7.1.

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; see current Rule 4-7.11 and Rule 4-7.21]

See also

• FL Bar Ethics Op. 67-38: Corporate General Counsel's Office and Letterhead
• FL Bar Ethics Op. 68-58: Professional Association Name and Nonlawyer Retirement Plan

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-67-35/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-67-35-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 67-35
November 8, 1967
Advisory ethics opinions are not binding.
A law firm anticipating the opening of an additional office in another city coincident with a merger with a firm in that city may announce these events. The announcement may denote the individual names of the various members of the merging firms and the cities in which they will practice.
Canon: 27 [See current 4-7.11]
Chairman MacDonald stated the opinion of the committee:
A Florida law firm anticipates the opening of an additional office in another city coincident with a merger with a firm in that city, proposing an announcement of these events in the form attached, accompanied by a listing on the interfold of the announcement denoting the individual names of the various members of the merging firms and the cities in which they will practice.
We find no objection to the form of this announcement.
JONES AND JONES
AND
SMITH AND SMITH
Are pleased to announce
the merger of their law practices
and the opening of new offices
in _, Florida.
The Firm will continue to
practice in Florida from both
the _ and _ offices
under the name of Jones, Jones and Jones.
National Bank Building National Bank Building
_, Florida ____, Florida