Can a lawyer building an appellate-only practice mail announcements of that fact to other lawyers and place a notice in the New Jersey Law Journal?

Plain-English summary

An attorney who wished to build a practice limited to appellate work asked whether he could mail announcements of that fact to members of the bar and place such an announcement in the New Jersey Law Journal.

The Committee noted that direct or indirect advertising is proscribed by Canon 27, except as the Canons permit. Canon 46 allows a lawyer rendering a specialized legal service directly and only to other lawyers to give a brief, dignified notice of that fact, in language indicating it is addressed to lawyers, inserted in legal periodicals and like publications when it affords convenient and beneficial information to lawyers seeking the service. Because Canon 46 is a departure from Canon 27's rigid standards, the Committee said its provisions should be strictly construed.

Viewed that way, the Committee concluded that the attorney may place an announcement in the New Jersey Law Journal limited as Canon 46 prescribes, but may not send announcements to other lawyers.

Currency note

This opinion was issued in December 1963, before New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), and well before the 1984 Rules of Professional Conduct and all later revisions. It applied Canons 27 and 46 of the former Canons of Professional Ethics, which broadly restricted lawyer advertising; those restrictions were later reshaped by constitutional decisions on lawyer advertising and by RPC 7.1 and 7.2. Treat this page as historical context, not current guidance.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: Could the lawyer run a notice in the New Jersey Law Journal?

A: Yes, within limits. The Committee held he could place an announcement limited as Canon 46 prescribes, since the notice would reach lawyers through a legal periodical.

Q: Could he mail the announcement to other lawyers?

A: No. The Committee held he may not send announcements to other lawyers, reading Canon 46's exception strictly.

Background and rules framework

The opinion applied Canon 27 (no advertising) and Canon 46 (a narrow exception for a dignified notice of a specialized service offered only to lawyers, in legal periodicals) of the former Canons of Professional Ethics, construed strictly. The advertising rules are now in RPC 7.1 and 7.2.

Citations and references

Rules of Professional Conduct (as in effect at the time):

• Canon of Professional Ethics 27 (advertising and solicitation)
• Canon of Professional Ethics 46 (notice of a specialized service to lawyers)

Other opinions cited:

• ABA Committee on Professional Ethics, Opinion 20 (1940); Drinker, Legal Ethics 215 et seq. (1953)
• N.J. ACPE Opinion 10, 86 N.J.L.J. 719 (1963)

See also

• NJ ACPE Op. 38: A Lawyer in a Newspaper Feature Column
• NJ ACPE Op. 35: A Lawyer in a Manufacturer's "Article"
• NJ ACPE Op. 46: Membership and Listing in a Chamber of Commerce Booklet

Source

• Landing page: https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp21-1.html

Original opinion text

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

86 N.J.L.J. 734
December 26, 1963

OPINION 21

Advertising

Inquiry is made as to whether an attorney who is desirous of building up a practice dealing with appellate work only may properly mail to members of the bar announcements of this fact and place such an announcement in the New Jersey Law Journal.

Advertising, direct or indirect, is proscribed by Canons of Professional Ethics, Canon 27, except as therein permitted.

Canon 46 provides as follows:

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 obtaining such service, is not improper.

As a general proposition, any type of advertising by a lawyer is prohibited. Canon 46 was designed, however, to permit lawyers rendering a specialized legal service to lawyers only to communicate that fact to other lawyers. The method of communication is also provided for in Canon 46. Since Canon 46 is a departure from the rigid standards of conduct set forth in Canon 27, its provisions should be strictly construed. See Drinker, Legal Ethics 215 et seq. (1953); A.B.A. Comm. on Professional Ethics, Opinion 20 (1940); N.J. Advisory Committee on Professional Ethics, Opinion 10, 86 N.J.L.J. 719 (1963).

Viewed in this light, it is the opinion of the Committee that the attorney may place an announcement in the New Jersey Law Journal limited as prescribed in Canon 46, but may not send announcements to other lawyers.