Can a lawyer put a certification from a non-legal professional organization, like AICP planner certification, on the firm letterhead?

Plain-English summary

A law firm asked whether it could show on its letterhead, by a footnote or by the letters "AICP" after a lawyer's name, that the lawyer is certified by the American Institute of Certified Planners, a body that certifies land use planners. The committee began with the rules permitting letterhead content: DR 2-102(A) allows letterhead that complies with the advertising rules, and DR 2-101(C)(1) permits listing memberships in professional societies. Consistent with long-standing opinions (such as N.Y. State 494 (1978) allowing a lawyer to note CPA licensure), a lawyer may list truthful information relevant to selecting counsel.

The committee then turned to DR 2-105(C), amended effective June 30, 1999, which governs stating that a lawyer is certified as a specialist. That rule allows such a statement only if the certifying organization is approved for the purpose by the ABA, or the lawyer is certified as a specialist by the authority of another state, and in either case the prescribed disclaimer is prominently displayed. Although the inquirer characterized certified planning as a non-legal role, the committee observed that planning work may involve zoning, environmental restrictions, and other matters governed by law. It reaffirmed its long-held view that law-related work which non-lawyers may perform can constitute the practice of law when a lawyer performs it (N.Y. State 557). So if any of the certified planning work might be the practice of law, advertising the certification could amount to claiming a legal specialty, and the reference to AICP certification on letterhead must comply with DR 2-105(C).

The committee added that, even when DR 2-105(C) is satisfied, the overriding requirement of DR 2-101(A) is that the communication not be false, deceptive, or misleading. Because "AICP" and even "Certified Planners" are not widely recognized (and "planners" could suggest financial or estate planners), the committee said an explanation of the term would be necessary. It cited Peel v. Attorney Registration and Disciplinary Commission, 496 U.S. 91 (1990), on the constitutional right to advertise specialist certification subject to a non-misleading disclaimer, but noted Peel's effect on the enforceability of DR 2-105(C) was a question of law outside its jurisdiction.

Currency note

This opinion was issued in 1999, under New York's former Code of Professional Responsibility, which New York replaced with the Rules of Professional Conduct in 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 a non-legal professional certification on letterhead?

A: The opinion concluded a lawyer may note membership in a professional organization, but if the certification implies certification in a legal field, it must comply with DR 2-105(C).

Q: Why might planner certification count as a legal specialty?

A: The opinion held that planning work can involve zoning, environmental, and other law-governed matters, and law-related work becomes the practice of law when a lawyer performs it, so advertising the certification could imply a legal specialty.

Q: What did DR 2-105(C) require?

A: The opinion stated the certifying organization must be ABA-approved (or the lawyer certified as a specialist under another state's rules), and the prescribed disclaimer that the certification is not a New York requirement and does not indicate greater competence must be prominently displayed.

Background and rules framework

The opinion interpreted DR 2-101(A) (no false or misleading communications), DR 2-101(C)(1) and DR 2-102(A) (letterhead and listing memberships), and DR 2-105(C) (statements of certification as a specialist), as amended effective June 30, 1999, of New York's former Code of Professional Responsibility. The Model Rule analogues are Rule 7.1 (communications about a lawyer's services) and Rule 7.4 (communicating fields of practice and specialization). New York replaced the Code with the Rules of Professional Conduct in 2009; the DR numbers cited here are historical.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.4 (communication of fields of practice and certification)
• NY DR 2-101(A), (C)(1); DR 2-102(A); DR 2-105(A), (C)

Cases:

• Peel v. Attorney Registration and Disciplinary Commission, 496 U.S. 91 (1990), advertising specialist certification

Other opinions cited:

• N.Y. State 494 (1978): a lawyer may state that the lawyer is also a licensed CPA
• N.Y. State 557: law-related work performed by a lawyer can constitute the practice of law

See also

• NY State Bar Op. 726: Insurance staff counsel holding out as a law firm
• NY State Bar Op. 1264: Listing degrees by an attorney working in a non-legal capacity
• NY State Bar Op. 1005: Misleading superlatives in lawyer advertising

Source

• Landing page: https://nysba.org/opinion-722/