May a Kentucky lawyer subscribe to a 'Talking Yellow Pages' telephone advertising service?

Plain-English summary

The Committee was asked whether a Kentucky lawyer may subscribe to the Talking Yellow Pages. It answered "Yes."

The opinion recalled KBA E-309, where the same service had presented two problems under the Code of Professional Responsibility: it invited the comments and recommendations of an unmonitored lay intermediary about a subscribing lawyer's experience and degree of specialization, and it required participating attorneys to reimburse the service on a per-referral basis. Those features made the service resemble a for-profit referral service rather than advertising.

The opinion noted the service had since modified its procedures to eliminate those features, and that the modified service had been approved by the Supreme Court of Ohio, Board of Commissioners on Grievances and Discipline, as an acceptable form of advertising. On that basis a Kentucky lawyer may subscribe. The opinion added that any Kentucky lawyer who does so should submit proposed advertisements to the bar for review by the appropriate lawyer advertising review panel.

Currency note

This opinion was issued in 1989 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. The bar's advertising rules and the review-panel procedure described here have since changed. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a Kentucky lawyer advertise through a "Talking Yellow Pages" service?

A: Yes, on the facts of this opinion. The Committee concluded subscription was permissible once the service removed the lay-recommendation and per-referral-charge features.

Q: What had made the same service improper before?

A: The opinion identified two features from KBA E-309: an unmonitored lay intermediary commenting on a lawyer's experience and specialization, and a requirement that attorneys reimburse the service per referral, which made it look like a for-profit referral service.

Q: Did the opinion require anything of subscribers?

A: It stated that any Kentucky lawyer subscribing should submit proposed advertisements to the bar for review by the appropriate lawyer advertising review panel.

Background and rules framework

The opinion applies the former Code of Professional Responsibility's distinction between permissible lawyer advertising and a prohibited for-profit lawyer referral service. It did not cite a specific Disciplinary Rule number; it turned on whether the modified service was advertising (permitted) or a referral service (then prohibited), and on the Supreme Court of Ohio's approval of the modified service.

Citations and references

Other opinions cited:

• KBA E-309 (the earlier review of the same service)
• Ohio opinion (1988), Supreme Court of Ohio, Board of Commissioners on Grievances and Discipline

See also

• KBA Ethics Op. E-344: Cooperative Advertising & For-Profit Referral
• AL Ethics Op. 1991-43: For-Profit Referral Hotline
• AL Ethics Op. 1995-08: LRS Percentage-Fee Programs

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-334.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-334
Issued: March 1989

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 Kentucky Lawyer subscribe to the Talking Yellow Pages?

Answer:

Yes.

References:

KBA E-309 and Ohio op. (1988).
OPINION

In KBA E-309 we concluded that the Talking Yellow Pages service submitted for
"approval" presented two problems under the Code of Professional Responsibility. Specifically, it
(1) invited the comments of and recommendations from an unmonitored lay intermediary
regarding the experience and degree of specialization of subscribing lawyer, and (2) required
participating attorneys to reimburse the service on a per referral basis. Because of these features we
concluded that the service resembled a for-profit referral service rather than advertising.
Recently the Talking Yellow Pages modified it procedures to eliminate these objectionable
features. In addition, the service (as modified) was approved by the Supreme Court of Ohio, Board
of Commissioners on Grievance and Discipline, as an acceptable form advertising.
For the foregoing reasons, a Kentucky Lawyer may subscribe to this service. Any
Kentucky Lawyer doing so should submit proposed advertisements to the Bar for review by the
appropriate lawyer advertising review panel.

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.