Can a lawyer list an honorary degree or fellowship in advertisements and on letterhead, even though it was not an earned degree?

Plain-English summary

A lawyer who had received an honorary fellowship in jurisprudence asked whether he could mention the degree in his advertisements and on his letterhead. The committee traced the shifting treatment of academic credentials: under the former Canons of Professional Ethics (1908-1969), Canon 27 generally barred listing academic degrees, and one opinion extended the bar to honorary degrees; the 1970 Code then permitted listing earned law degrees (DR 2-101(B)(5) and DR 2-102(F)); and 1978 amendments deleted those provisions, leaving DR 2-101(C)(1), which permits including information "as to education, degrees and other scholastic distinctions."

The committee concluded there is no blanket prohibition on listing an honorary degree or distinction, in law or another field. It disagreed with N.Y. State 488 (1978), which had read an "earned degree" requirement into the current provision: the committee reasoned that only one predecessor (former DR 2-102(F)) contained the "earned" requirement and that it was limited to degrees indicating training in law, whereas contemporaneous opinions (including its own N.Y. City 82-19) allowed listing degrees in fields unrelated to law under DR 2-101(C). It saw no reason to carry the "earned" qualification into present DR 2-101(C). Any such listing, however, must still satisfy DR 2-101(A) and (B), so it cannot be misleading or self-laudatory, and a degree may be listed only "if accurate." Because honorary degrees, fellowships, and similar distinctions can mislead, the committee stressed that particular care must be taken to list them in a precise manner that does not mislead by statement or omission.

Currency note

This opinion was issued in 1995, before New York replaced the Code of Professional Responsibility (the Disciplinary Rules cited here) with the New York Rules of Professional Conduct, effective April 1, 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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: Can a lawyer list an honorary degree on letterhead or in advertising?

A: The opinion concluded yes; there is no blanket prohibition on listing an honorary degree or distinction, in law or another field, so long as the listing is accurate and not misleading.

Q: Doesn't the rule allow only "earned" degrees?

A: Per the opinion, no; the committee disagreed with N.Y. State 488 and declined to read an "earned degree" requirement into DR 2-101(C), where the text does not contain one.

Q: What care must a lawyer take when listing an honorary degree?

A: The committee stressed that the listing must be precise and not misleading by affirmative statement or by omission, and must not be self-laudatory, consistent with DR 2-101(A) and (B).

Background and rules framework

The opinion applied New York Code DR 2-101(C)(1) (information about education and degrees in advertising and publicity) together with DR 2-101(A) and (B) (no false, misleading, or self-laudatory communications), tracing the history through former DR 2-101(B)(5) and DR 2-102(F). The analysis corresponds to ABA Model Rule 7.1 (communications about a lawyer's services).

Citations and references

Rules of Professional Conduct:

• New York Code DR 2-101(A), DR 2-101(B)(5), DR 2-101(C), DR 2-101(C)(1), DR 2-102(F), DR 2-103 (applied or traced in the opinion)
• MR 7.1 (communications about services)

Other opinions cited:

• N.Y. City 82-19 (1982): listing a degree is proper "if accurate"
• N.Y. State 488 (1978), disagreed with: the "earned degree" requirement
• N.Y. City 876 (1971), 869 (1969); N.Y. State 105 (1969): evolving treatment of degree listings

See also

• NYC Bar Formal Op. 1995-3: Listing a Foreign-Admitted Lawyer as an Associate
• ISBA Ethics Op. 749: Advertising a Degree and Field of Concentration
• NYC Bar Formal Op. 1995-8: Affiliations and "Of Counsel" Designations

Source

• Landing page: https://www.nycbar.org/reports/formal-opinion-1995-14-advertising-letterhead-honorary-degrees/