Can a Kentucky law firm run a newspaper announcement about new offices, new partners or associates, or a relocation?

Plain-English summary

The committee answered yes to whether a law firm may publish a newspaper announcement to the general public about opening new offices, adding associates, forming a new partnership, or relocating. The stated purpose of the opinion was to eliminate KBA E-162, in which the committee had answered no in March 1977.

The reason for the change was the advertising rule. The committee explained that since SCR 3.135 took effect on June 1, 1978, Kentucky's advertising rule now allows such notification to the general public, as long as the announcement complies completely with SCR 3.135.

Currency note

This opinion was issued in 1981 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. Kentucky lawyer advertising is now governed by SCR 3.130 Rules 7.01 to 7.50 and the Attorneys' Advertising Commission Regulations. Treat this page as historical context, not current guidance.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: Could a Kentucky firm announce new offices or partners in the newspaper under this opinion?

A: Yes. The committee concluded such public announcements are allowed as long as they comply completely with the advertising rule SCR 3.135.

Q: Did this opinion change an earlier position?

A: Yes. The committee stated its purpose was to eliminate KBA E-162, a March 1977 opinion that had answered the same question no, because the 1978 advertising rule changed the footing.

Background and rules framework

The opinion interprets SCR 3.135, the Kentucky Supreme Court's advertising rule effective June 1, 1978, which permitted lawyer advertising consistent with the post-Bates commercial-speech framework. The modern analog is Model Rule 7.2 (advertising). The committee's reasoning is simply that the new advertising rule superseded the older prohibition reflected in KBA E-162.

Citations and references

Rules of Professional Conduct:

• SCR 3.135 (Kentucky advertising rule, effective June 1, 1978); modern analog Model Rule 7.2

Other opinions cited:

• KBA E-162 (March 1977), which the committee eliminated by this opinion.

See also

• KBA Ethics Op. E-268: Law Firm Open House
• KBA Ethics Op. E-263: Lawyer's Photo in Advertising

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-249.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-249
Issued: July 1981

This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), especially Rules 7.01-7.50 and the Attorneys' Advertising Commission Regulations, before relying on this opinion.

Question:

May a law firm publish an announcement in a local newspaper, notifying the general public of the opening of new offices, of the addition of associates, the formation of new partnerships, or the relocation of offices, where publication of such notices has been the custom for 150 years?

Answer:

Yes.

References:

SCR 3.135; Opinion KBA E-162

OPINION

The purpose of this opinion is to eliminate KBA E-162. In that opinion, the Ethics Committee in March of 1977 stated the answer to the question was: "No."

It is the feeling of the Ethics Committee that since SCR 3.135 became effective on June 1, 1978, that the Advertising Rule in Kentucky will now allow such notification to the general public, as long as it complies completely with SCR 3.135.

Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.