Can a lawyer list degrees like 'J.D., LL.M. (in Taxation)' after his name in a professional announcement?

Plain-English summary

The inquiry concerned whether a lawyer could include the degree language "J.D., LL.M. (in Taxation)" in a professional announcement (the related Opinion 184 describes this opinion as having held that the language could be included in an announcement sent to lawyers only). The Committee worked through Canon 46 of the Canons of Professional Ethics, as recently revised, which permits a lawyer rendering a specialized legal service directly and only to other lawyers to publish a brief, dignified notice addressed to lawyers in legal periodicals.

The Committee contrasted its Opinion 108, which had held improper an announcement specializing "in matters involving Federal and State Tax, Corporations and Estates," reasoning that those are particular branches of law under revised ABA Canon 46 but are not specialized legal services within the meaning of New Jersey Canon 46. It restated that a lawyer available to act as a consultant or associate to other lawyers in a particular branch of law may distribute and publish a dignified announcement of such availability, without a representation of special competence or experience, and not more than once a calendar year (though it may be published periodically in legal journals). Noting that the law school in question was accredited under R. 1:24-2, the Committee advised that the inquirer may include the cited degree language in the announcement he sends to the local bar.

Currency note

This opinion was issued in July 1970, before New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), so the Committee was applying Canon 46 of the Canons of Professional Ethics and its own prior opinions. It also predates the 1984 Rules of Professional Conduct and all later revisions, and lawyer-advertising and specialization rules changed substantially after the U.S. Supreme Court's decision in Bates v. State Bar of Arizona (1977) and later cases. The announcement and field-of-practice questions it addressed are now governed by RPC 7.1 and RPC 7.4. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a lawyer put advanced-degree initials after his name in an announcement?

A: Yes, to the bar. The Committee advised that the inquirer may include "J.D., LL.M. (in Taxation)" in an announcement sent to the local bar under Canon 46.

Q: What was the limit drawn from Opinion 108?

A: Opinion 108 found "Specializing in matters involving Federal and State Tax, Corporations and Estates" improper, because those are particular branches of law but not specialized legal services within New Jersey Canon 46.

Q: How often could such an availability announcement go out?

A: The Committee noted it should not be distributed to lawyers more than once a calendar year, though it may be published periodically in legal journals.

Background and rules framework

The opinion applied Canon 46 of the Canons of Professional Ethics (notices of availability to other lawyers), as revised, distinguishing permissible degree and branch-of-law language addressed to lawyers from improper claims of specialization. In current New Jersey terms the analysis falls under RPC 7.1 and RPC 7.4.

Citations and references

Rules of Professional Conduct:

• Canon 46, Canons of Professional Ethics (and revised ABA Canon 46), as in effect 1970; now MR 7.1 / 7.4 and NJ RPC 7.1 / 7.4

Court rules:

• R. 1:24-2, N.J. Court Rules, 1969 (accreditation of law schools)

Other opinions cited:

• NJ ACPE Opinion 108, 90 N.J.L.J. 245 (1967)

See also

• NJ ACPE Op. 184: Announcing a "Securities Law and Corporate Practice" Department
• NJ ACPE Op. 197: Clarifying That Opinion 183 Governs Announcements
• NJ ACPE Op. 219: A Lawyer's Listing in a University Alumni Booklet

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp183-1.html
• Issuing authority: New Jersey Supreme Court Advisory Committee on Professional Ethics, via the NJ Courts Supreme Court Committees page

Original opinion text

Reproduced from a full-text mirror of the official opinion for research purposes. The linked official source controls. The mirror's copy is missing the opening lines (the statement of the inquiry); the Committee's authorities and conclusion are reproduced as they appear.

93 N.J.L.J. 492, July 9, 1970

OPINION 183

Announcement to Lawyers Use of Degrees J.D., LL.M. (in Taxation)

recent revision, provided:

Where a lawyer is engaged in rendering a specialized legal service directly and only to other lawyers, a brief, dignified notice of that fact, couched in language indicating that it is addressed to lawyers, inserted in legal periodicals and like publications, when it will afford convenient and beneficial information to lawyers desiring to obtain such service, is not improper.

N.J. Advisory Committee on Professional Ethics, Opinion 108, 90 N.J.L.J. 245 (1967), involved a professional announcement sent to fellow attorneys, which included the following language: "Specializing in matters involving Federal and State Tax, Corporations and Estates."

The opinion held the announcement improper in that:

...Matters involving federal and state taxation, corporations and estates may be particular branches of the law or legal services under the revised ABA Canon 46, but they are not specialized legal services within the meaning of New Jersey Canon 46.

A lawyer available to act as a consultant to or as an associate of other lawyers in a particular branch of law or legal service may distribute to other lawyers and publish in legal journals a dignified announcement of such availability, but the announcement shall not contain a representation of special competence or experience. The announcement shall not be distributed to lawyers more frequently than once in a calendar year, but it may be published periodically in legal journals.

The law school in question is accredited within the meaning of R. 1:24-2 of the N.J. Court Rules, 1969. On the basis of Canons of Professional Ethics, Canon 46 and the above cited authorities, we advise the inquirer he may include the cited degree language in the announcement he sends to the local bar.