New Jersey Supreme Court Advisory Committee on Professional Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Jersey Supreme Court Advisory Committee on Professional Ethics, with full citations and source links on every page.
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May a lawyer write an unpaid by-line newspaper column discussing the law without violating the ban on giving legal information through publications?
Yes. The opinion concluded the lawyer could write an unpaid by-line column discussing the National Labor Relations Act and NLRB decisions, because Canon 40 permits lawyers to write articles giving inf…
May a retiring attorney send clients and friends a formal announcement that he has retired and arranged for another attorney to handle their future business?
The opinion concluded that such an announcement would be improper, because under Canon 27 it would be an indirect solicitation of employment for the other attorney; the retiring attorney's separate du…
May an attorney advertise in the law journal that he will handle tax lien foreclosures for other attorneys as a specialized legal service?
The opinion concluded the proposed advertisement was improper, because tax lien foreclosure work is not a specialized legal service within New Jersey's Canon 46 (which the Committee strictly construed…
May a New Jersey firm run a 'specialized legal services' announcement in a law journal advertising itself as New Jersey trial counsel for tort, contract, and product liability work?
The opinion concluded the announcement was improper, because the work of trial counsel is not a specialized legal service within Canon 46; any admitted attorney may try cases, and a lawyer's trial ski…
May a lawyer let his name appear on a motor club's published list of attorneys who have agreed to handle members' automobile property-damage claims?
The opinion disapproved the practice, concluding that letting a lawyer's name appear on a motor club's distributed list of attorneys violated Canon 43 because the list was not an approved law list, an…
May a lawyer who serves as special counsel to a public housing authority print 'Special Counsel for Public Housing Authority of the State of New Jersey' on his own law-office letterhead?
The opinion concluded the designation would be improper as a violation of Canon 27, because listing the public appointment on the lawyer's own attorney-at-law letterhead would unduly advertise the att…
Can a lawyer let his name be listed under 'Lawyers' in a chamber of commerce business directory that urges readers to patronize its members?
The opinion concluded that the listing was professionally improper. Because the directory's purpose was promotional, with slogans urging readers to patronize its members, the attorney listing fell wit…
Can the attorney for a residential developer, who also represents the construction lender, represent an individual buyer purchasing a home in the tract?
The Committee concluded that, unlike an isolated sale, a developer's attorney generally cannot also represent a home buyer, because the desire to keep the developer's and lender's business and his int…
May a former judge or a sitting magistrate be addressed as 'Judge' while practicing law, or use the title 'Judge' on stationery?
The Committee concluded that calling an advocate 'Judge' during a trial was improper because it could suggest preferential treatment, and that a magistrate could use 'Judge' on stationery for official…
Can a lawyer belong to a Chamber of Commerce and let his name be listed in a booklet the Chamber publishes for advertising?
The Committee concluded the lawyer could be a member of a Chamber of Commerce, but could not permit his name to be listed in the booklet because the booklet's purpose was, at least in part, advertisin…
Can a lawyer give a newspaper an interview and resume of his practice for a 'father and son businesses' feature column?
The Committee concluded he could not. A photograph and resume of the lawyer's background, experience, and clients in a feature column had the appearance of advertising and would violate Canon 27, even…
Can a lawyer allow a product manufacturer to run a legal-periodical 'article,' with his photograph, praising his use of the company's dictation machine?
The Committee concluded he could not. A lawyer's cooperation in such a manufacturer-sponsored article portraying his advantageous use of the product would violate the advertising prohibition of Canon …
Can a lawyer who takes over a dissolved firm's practice call himself 'successor to' that firm on his letterhead and notify the firm's old clients?
The Committee concluded the plan was improper. The phrase 'successor to' constituted solicitation barred by Canon 27, and because the firm had dissolved, its name could not be carried on by an individ…
Can a lawyer who is also a CPA say so on his cards, stationery, or office window, and may he practice law and accounting at the same time?
The Committee concluded that stating 'CPA' on cards, stationery, or office window was improper advertising under Canon 27, but that practicing law and accounting at the same time was not, per se, a vi…
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?
The Committee concluded he could place a notice in the New Jersey Law Journal limited as Canon 46 prescribes, but could not mail announcements to other lawyers.
Can a New Jersey lawyer list other-state bar memberships or professional certificates in a yellow-pages telephone directory listing?
No. The Committee concluded that any yellow-pages listing that departs from the plain, uniform listing of lawyers, including one showing other bar memberships or certificates, is improper advertising.
Can members of a law firm jointly donate to a community hospital and have their names placed on a donor plaque without it being improper advertising?
Yes. The Committee concluded a joint gift with the donors' names on a plaque is not improper, because they give as individual members of the community, not as attorneys, where the plaque does not iden…
Can a lawyer let his name or his firm's name be printed on the business card of an investigator who works on the firm's cases?
No. The Committee concluded it is improper, because the card could lead to abuses and could be taken as a representation that a layman is associated in the practice of law.
Can a seller's or lender's attorney close title for a development home advertised with 'No Closing Fees' without telling the buyer to get independent counsel?
No. The Committee concluded the attorney acts improperly, because a clandestine conflict exists when the seller's lawyer prepares the documents and closes title without fully advising the buyer of the…
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Legal ethics opinions from the New Jersey Supreme Court Advisory Committee on Professional Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.