Can a lawyer returning from military service mail announcements that he is resuming practice and available to consult on securities matters?

Plain-English summary

A lawyer who had been on active military duty was returning to private practice in Florida, having specialized largely in securities practice before. He proposed to send two sets of announcements at the same time: one to former clients and legal acquaintances stating his prior city of practice, his retirement from the military, and his resumption of practice at a new address; and a second to attorneys only, including general information and a statement that he was available for consultation on securities practice matters.

The committee found the simultaneous dissemination of the two announcements not objectionable: the first as permitted under DR 2-102(A)(2), and the second as permitted under DR 2-105(A)(3). It referenced the current Florida rules at 4-7.18(a), 4-7.18(b)(3), and 4-7.20(d) and (f).

Currency note

This opinion was issued in 1971, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility (DR 2-102(A)(2), 2-105(A)(3)); the bar's own note identifies the current rules as 4-7.18(a), 4-7.18(b)(3), and 4-7.20(d) and (f). Treat this page as historical context, not current guidance.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 lawyer announce that he is resuming practice after military service?

A: Under this opinion, yes. The committee found an announcement to former clients and legal acquaintances stating the return to practice not objectionable under DR 2-102(A)(2).

Q: Can he also tell other lawyers he is available to consult on a specialty?

A: Yes. The opinion approved a separate announcement to attorneys of his availability for consultation on securities matters under DR 2-105(A)(3).

Background and rules framework

The opinion applied DR 2-102(A)(2) and DR 2-105(A)(3) of the former Code of Professional Responsibility, governing professional announcements and availability notices. The bar's note identifies the current Florida rules as 4-7.18 and 4-7.20. The Model Rule analogues are Rules 7.2 (advertising) and 7.3 (solicitation).

Citations and references

Rules of Professional Conduct:

• DR 2-102(A)(2); DR 2-105(A)(3) [Code of Professional Responsibility; current Florida rules 4-7.18(a), 4-7.18(b)(3), 4-7.20(d), (f)]

See also

• FL Bar Ethics Op. 70-61: Availability Announcement to Other Lawyers
• FL Bar Ethics Op. 71-4: Lawyer Serving as a Private Association's Executive Director
• FL Bar Ethics Op. 71-39: Firm Investigator's Business Card

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-70-59/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-70-59-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 70-59
January 8, 1971
Advisory ethics opinions are not binding.
An attorney may send to former clients and legal acquaintances an announcement of his retirement from military service and resumption of practice. The attorney also may announce to other lawyers his availability for consultation on securities practice matters.
CPR: DR 2-102(A)(2), 2-105(A)(3) [See current 4-7.18(a), 4-7.18(b)(3) and 4-7.20(d) and (f)]
Chairman Massey stated the opinion of the committee:
An inquiring attorney has been on active duty with the military service and is returning to private practice in Florida. During previous private practice, the attorney specialized in a large degree in securities practice. He desires upon resumption of practice to send two sets of announcements. The first would be sent to former clients and legal acquaintances simply announcing his former city of practice, his retirement from the military service and resumption of practice at the new address. The second would be forwarded to attorneys only and would include, along with general information, words to the effect that the attorney is available for consultation on securities practice matters.
The Committee finds that the suggested dissemination of two announcements simultaneously as outlined, one containing the information and being distributed as permitted under CPR DR 2-102(A)(2) and the second with the information and distribution as permitted in CPR DR 2-105(A)(3), is not objectionable. [See current 4-7.18(a), 4-7.18(b)(3) and 4-7.20(d) and (f).]