Can a lawyer mail other lawyers an announcement of availability to consult or associate on appellate cases?

Plain-English summary

A lawyer wished to send a select list of attorneys a letter advising of his availability to act as a consultant or associate in a particular branch of law, specifically appellate practice, with one mailing per year. He would not limit himself to working with other attorneys but would also accept direct retainers from lay persons.

The committee concluded that the former Code authorized distribution of a dignified announcement of such availability not more than once a year, and that the proposed announcement did not contain a forbidden representation of special competence or experience. It noted that the inquiry had been controlled before the Code by Canon 46, but that some restrictions found there had been withdrawn by the Code. The committee approved distribution of the letter as proposed, while reiterating the general principle that attorneys may not ethically solicit employment, even from other attorneys, except to the limited extent the Code expressly authorizes.

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 Canon 46 and a former Code provision on availability announcements; the bar's own note states the current rules are Rules Regulating The Florida Bar 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 Treat this page as historical context, not current guidance.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 notify other lawyers that he is available to handle appellate work?

A: Under this opinion, yes, through a dignified announcement of availability sent not more than once a year, so long as it claims no special competence.

Q: What made this announcement permissible rather than improper solicitation?

A: The opinion relied on the Code provision authorizing a once-yearly availability announcement and found the letter contained no forbidden claim of special competence or experience.

Q: Does the opinion otherwise relax the rule against soliciting employment?

A: No. The committee reiterated that attorneys may not solicit employment, even from other attorneys, except to the limited extent the Code expressly authorizes.

Background and rules framework

The opinion applied Canon 46 and the former Code provision on dignified availability announcements. The bar's note identifies the current Florida rules as 4-7.18 (direct contact with prospective clients) and 4-7.20 (information about a lawyer's services). The Model Rule analogues are Rules 7.2 (advertising) and 7.3 (solicitation).

Citations and references

Rules of Professional Conduct:

• Canon 46; former CPR availability-announcement provision [current Florida rules 4-7.18(a), 4-7.18(b)(3), and 4-7.20(d), (f)]

See also

• FL Bar Ethics Op. 71-4: Lawyer Serving as a Private Association's Executive Director
• FL Bar Ethics Op. 71-31: Legal Aid Society Newspaper Column
• FL Bar Ethics Op. 71-39: Firm Investigator's Business Card

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-70-61/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-70-61-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 70-61
February 10, 1971
Advisory ethics opinions are not binding.
An attorney may send to a select list of attorneys an announcement of his availability to consult or associate in appellate cases.
Canon: 46
CPR: DR 2-205(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 desires to send out to a select list of attorneys a letter advising of his availability to act as a consultant or an associate of other attorneys in a particular branch of law (specifically appellate practice). He intends to make one mailing per year. He will not restrict himself to consultant or associate representation with other attorneys, but will also accept direct retainers for his service from lay persons.
CPR DR 2-105(A)(3) authorizes distribution of a dignified announcement of such availability not more than once yearly [See current 4-7.18(a), 4-7.18(b)(3), and 4-7.20(d) and (f)]. The proposed announcement does not contain a representation of special competence or experience which is forbidden by the rule. The inquiry was controlled prior to the CPR by Canon 46; however, it seems clear some of the restrictions found there have been withdrawn by the CPR
The Committee therefore approves the distribution of the letter as proposed but reiterates as a general principle that attorneys may not ethically solicit employment, even from other attorneys, except to the limited extent expressly authorized by the CPR.