Can a lawyer who wrote a book let his publisher advertise it with an ad that describes the book and gives a short bio of the author?

Plain-English summary

A lawyer-author had written a book titled "Legal Rights to Draft Deferments." His publisher wished to advertise the book with a format that briefly explained the subject matter and described the author as an attorney of several years of successful practice in Selective Service law whose published works included "Legal Rights of Women in Florida" and "Legal Rights to Draft Deferments." The lawyer asked whether allowing this was proper.

Emphasizing that the proposed advertisement was that of the publishing company and not of the author, the committee found nothing objectionable in the proposal. It cited Florida Opinion 65-33 (since withdrawn) and ABA Informal Opinion 758.

Currency note

This opinion was issued in 1971, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct, and before the U.S. Supreme Court's decision in Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which recognized First Amendment protection for truthful lawyer advertising and reshaped the rules on the subject. It applied the former Code of Professional Responsibility and Canons, which have since been replaced. Treat this page as historical context, not current guidance. Verify against the current lawyer-advertising rules (Rules 4-7.11 through 4-7.23) before relying on any specific statement here.

Common questions

Q: Could a lawyer let a publisher run an ad for his book that named him as the author?

A: Under this opinion, yes. The committee found nothing objectionable in a publisher's advertisement that briefly described the book and the author, stressing that the ad belonged to the publisher rather than the lawyer.

Q: Why did the committee emphasize that the ad was the publisher's?

A: At the time, lawyer self-advertising was restricted, so the committee's analysis turned on the advertisement being the publishing company's, not the lawyer's own promotion of his practice.

Background and rules framework

The opinion addressed the line between a publisher's promotion of a lawyer's book and prohibited self-advertising by the lawyer under the rules in force at the time. In current Florida practice lawyer advertising is governed by Rules 4-7.11 through 4-7.23; the Model Rule analogues are Rules 7.1 and 7.2. The framework the opinion applied has since been substantially changed by Bates and later developments.

Citations and references

Rules of Professional Conduct:

• CPR (Code of Professional Responsibility) and former Canons generally; no specific disciplinary rule cited

Other opinions cited:

• Florida Opinion 65-33 (since withdrawn)
• ABA Informal Opinion 758

See also

• FL Bar Ethics Op. 74-25: Continuing Representation After an Association's Unauthorized Solicitation
• FL Bar Ethics Op. 75-10: Teaching and Accepting a Client
• FL Bar Ethics Op. 73-11: Office Letterhead for a Charity Appeal

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-71-61/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-71-61-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 71-61
December 14, 1971
Advisory ethics opinions are not binding.
A lawyer author may ethically allow his publisher to advertise his book using a format which briefly explains the subject matter and contains a brief description of the author.
Opinions: 65-33; ABA Informal 758
Chairman Clarkson stated the opinion of the committee:
A lawyer-author has written a book for publication under the title "Legal Rights to Draft Deferments." His publisher wishes to advertise the book using a format which briefly explains the subject matter and contains the following description of the author:
The author, ____ , is an attorney of several years of successful practice in the field of Selective Service law. His published works include Legal Rights of Women in Florida and Legal Rights to Draft Deferments.
Emphasizing that the proposed advertisement is that of the publishing company and not of the author, we find nothing objectionable in the proposal. See Florida Opinion 65-33 [since withdrawn] and ABA Informal Opinion 758.