Can a New Jersey lawyer use the title 'Doctor' for a J.D., and may a lawyer advertise a Ph.D. in Spanish or fluency in Spanish?

Plain-English summary

The inquirer asked two questions: whether a holder of both a Ph.D. and a J.D. admitted to the New Jersey bar may be addressed as "Doctor" in court and in legally related matters; and how, if at all, a J.D. who also holds a Ph.D. in Spanish may refer to fluency in Spanish in advertising, for example "Se habla Espanol," "Ph.D. in Spanish," or "Bilingual Attorney: Spanish/English."

On the first question, the Committee concluded that a J.D. admitted to the New Jersey bar may use that degree and the title "Doctor," because the degree indicates training in the law. It explained that its earlier Opinion 321 had held to the contrary, but that opinion predated the new advertising Disciplinary Rules adopted January 26, 1979, effective April 1, 1979. The Supreme Court then adopted what is now DR 2-102(E), which permits a lawyer to use, in connection with his name, an earned degree or title derived from it indicating his training in the law; the Committee noted ABA Informal Opinions 1151, 1152, and 1247 were in accord.

The Committee added that the same authority disposed of part of the second question: because the rule permits only degrees or titles indicating legal training, the phrase "Ph.D. in Spanish" is improper on an attorney's card or letterhead. As to indicating Spanish fluency more generally, the Committee, consistent with its Opinion 453, neither approves nor disapproves particular forms of advertising, and it added that its Opinion 159 disapproving the practice should no longer be considered effective after April 1, 1979.

Currency note

This opinion was issued in 1980 (the Justia mirror omits the N.J.L.J. dateline; the year follows from the April 1, 1979 rule amendment it applies and its citation to 1980's Opinion 453), before New Jersey's adoption of the 2004 revisions to the Rules of Professional Conduct, and predates the 1984 replacement of the Disciplinary Rules by the RPCs. It reversed Opinions 321 and 159. The rules it applied (DR 2-102(E)) now correspond broadly to 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Could a J.D. lawyer use the title "Doctor"?

A: Yes. The opinion concluded that a J.D. admitted to the New Jersey bar may use the degree and the title "Doctor" because it indicates training in the law, reversing Opinion 321.

Q: Could the lawyer list a Ph.D. in Spanish on a card or letterhead?

A: No. The opinion held "Ph.D. in Spanish" improper, because the rule permits only degrees or titles that indicate legal training.

Q: Did the opinion approve advertising Spanish fluency?

A: It neither approved nor disapproved it, consistent with Opinion 453, and noted that its earlier Opinion 159 disapproving the practice was no longer effective after April 1, 1979.

Background and rules framework

The opinion applied DR 2-102(E), which permitted use of an earned degree or title indicating legal training, in light of the April 1, 1979 advertising-rule amendments. In current New Jersey terms the analysis maps onto RPC 7.1 (communications about a lawyer's services) and RPC 7.4 (fields of practice). The controlling distinction was between a law-indicating credential (permitted) and a non-law degree (not listable).

Citations and references

Rules of Professional Conduct:

• MR 7.1 / NJ RPC 7.1 (communications about a lawyer's services); decided under former DR 2-102(E)
• MR 7.4 / NJ RPC 7.4 (fields of practice and specialization)

Other opinions cited:

• NJ ACPE Opinion 321, 98 N.J.L.J. 977 (1975) (reversed)
• NJ ACPE Opinion 159, 92 N.J.L.J. 721 (1969) (reversed)
• NJ ACPE Opinion 453, 105 N.J.L.J. 362 (1980) (Committee does not approve or disapprove particular advertising forms)
• ABA Informal Opinions 1151, 1152, 1247

See also

• NJ ACPE Op. 482: Advertising Borrowed Expertise on Assistance Programs
• NJ ACPE Op. 477: Attorney and Firm Names in a Business Publication Column
• NJ ACPE Op. 468: Advertising in Various Forms After Bates

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp461-1.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.

OPINION 461

Designation of "J.D." or "Doctor"; "Ph.D."; Foreign Language Fluency Reversing Prior Opinions 321 and 159

An inquirer poses two questions. (1) May the holder of a Ph.D., as well as a J.D., who admitted to the bar of the State of New Jersey, be addressed as "Doctor" when appearing before the courts, as well as in other legally related matters? (2) How, if at all, can the holder of a Ph.D. in Spanish who is also a practicing attorney in the State of New Jersey, refer to fluency in Spanish in advertising? Can the card or letterhead of such an attorney say, for example, "Se habla Espanol" or "Ph.D. in Spanish" or "Bilingual Attorney: Spanish/English"?

The answer to the first question is that the holder of a J.D. degree, who is admitted to the bar of the State of New Jersey, may use that degree and the title "Doctor" since the degree indicates his training in the law. Our Opinion 321, 98 N.J.L.J. 977 (1975), indicated to the contrary, but was issued at a time before the adoption on January 26, 1979, to be effective April 1, 1979, of the new Disciplinary Rules relating to advertising. Opinion 321, disapproving such use, was based upon the premise that our Supreme Court had not adopted the provisions of DR 2-102(F) of the Code of Professional Responsibility adopted by the American Bar Association effective January 1, 1970, as subsequently amended. In 1979, however, the New Jersey Supreme Court adopted the provision in question which is now contained in DR 2-102(E), which read as follows: Nothing contained herein shall prohibit a lawyer from using or permitting the use of, in connection with his name, an earned degree or title derived therefrom indicating his training in the law.

Clearly, therefore, a lawyer is now permitted to use the degree J.D. and the title "Doctor" in connection with his practice. ABA Committee on Professional Ethics, Informal Opinion No. 1151 (Feb. 25, 1970), 1152 (Feb. 25, 1970), 1247 (Oct. 18, 1972) are in accord. The last Opinion 1247, however, also clearly indicates that the holder of a Ph.D. should not list or use that degree since the rule does not permit the listing of earned degrees or titles which do not indicate training in the law. The foregoing also disposes of one part of the inquiry in question 2. Thus, the use of the phrase "Ph.D. in Spanish" is improper on an attorney's card or letterhead.

Other than the foregoing, as we have recently stated in our Opinion 453, 105 N.J.L.J. 362 (1980), this Committee does not approve or disapprove particular forms of advertising. We, therefore, neither approve nor disapprove the indication of fluency in Spanish in a lawyer's advertising. Our Opinion 159, 92 N.J.L.J. 721 (1969) disapproving this practice, however, should no longer be considered effective from and after April 1, 1979, the effective date of the amendment to Disciplinary Rule 2-102.