May a lawyer running for office note on campaign literature that he is a bar member and held legal-type posts in veterans' groups?

Plain-English summary

A lawyer planning to file and campaign for political office asked two questions: whether campaign literature could mention that he is a member of the Oklahoma Bar Association, and whether it could refer to offices held in veterans' organizations indicating legal training or ability, such as Judge Advocate of the Veterans of Foreign Wars.

The committee said that, as in all questions of legal ethics, the lawyer's good faith and good taste are involved, and that entering a campaign for the simple purpose of advertising oneself as a lawyer would be reprehensible. Presuming the attorney actually seeks the office, that the designation of his profession is to make known his qualifications for the office, and that the office is one to which his legal training adds qualification, the committee said it is proper to indicate his profession on a campaign card or literature. In the same way, it said it would be proper to indicate membership in professional societies or associations and offices in civic organizations, even where the latter indicate some qualification as an attorney. It answered both specific questions that the use of such information is permissible, emphasizing that the card or literature should at all times be presented in a dignified and wholesome manner befitting a lawyer. It referred to its Advisory Opinion 158 (1952) and page 248 of Drinker on legal ethics.

Currency note

This opinion was issued in 1958, decades before Oklahoma replaced its original Rules of Professional Conduct (patterned on the ABA Canons of Professional Ethics) with the Oklahoma Rules of Professional Conduct (adopted 1988) and the later Ethics 2000 revisions. The advertising concerns underlying the opinion no longer reflect current law: the United States Supreme Court held in Bates v. State Bar of Arizona, 433 U.S. 350 (1977), that categorical bans on truthful lawyer advertising violate the First Amendment, and lawyer communications are governed by different rules today. Treat this page as historical context, not current guidance.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 the candidate note his bar membership on campaign literature?

A: Yes. The committee said it is proper to indicate his profession where the office sought is one his legal training fits and the material is dignified and not mere self-advertising.

Q: Could he list legal-type posts in veterans' organizations?

A: Yes. The committee said it would be proper to indicate offices in civic organizations, even where they indicate some qualification as an attorney, such as Judge Advocate of the VFW.

Q: What use of the profession would have been improper?

A: The committee said entering a campaign for the simple purpose of advertising oneself as a lawyer would be a reprehensible practice.

Background and rules framework

The opinion applied the advertising principles of Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, to political campaign literature, resolving it on good faith and good taste, and referred to the committee's Advisory Opinion 158 and Drinker's treatise. The opinion predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Canon 27 (ABA Canons of Professional Ethics, adopted by the Oklahoma Bar): using a campaign simply to advertise oneself as a lawyer is improper, but stating the profession to show qualification for a fitting office is proper.

Other opinions cited:

• Oklahoma Advisory Opinion 158 (October 8, 1952)

Other authorities:

• Henry S. Drinker, Legal Ethics, p. 248

See also

• Okla. Bar Ethics Op. 186: Letterhead reference to being an official's counsel
• Okla. Bar Ethics Op. 193: Newspaper feature story on a night-law-school graduate
• Okla. Bar Ethics Op. 157: Letterhead touting members' former public offices

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-194/

Original opinion text

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

Adopted February 10, 1958

The Central Committee of the Oklahoma Bar Association has submitted to its Legal Ethics Committee the following inquiry:

INQUIRY

An attorney has sought the opinion of the Committee in connection with his intention to file and campaign for political office and asks the following questions in connection therewith:

1. Is it permissible on campaign literature to make mention of the fact that he is a member of the Oklahoma Bar Association?

2. Is it permissible to refer to offices held in various veteran’s organizations, which offices indicate legal training or ability, such as Judge Advocate of the Veterans of Foreign Wars?

OPINION

It is the opinion of the Committee that, as in all questions of legal ethics, the good faith and good taste of the lawyer are involved. The entry in a campaign for the simple purpose of advertising one’s self as a lawyer would. of course, be a reprehensible practice. Presuming that attorneys who run for public office are actually seeking said office and the designation of their profession on campaign cards is for the purpose of making known their qualifications for the office sought, and presuming, further, that the office sought is one in which his legal training adds to his qualifications to fill the office, it is proper to indicate his profession on a campaign card or literature. In the same manner, we are of the opinion that it would be proper for him to indicate membership in professional societies or associations and offices in civic organizations, even though the latter may indicate some qualification as an attorney. In answer to the specific questions, the answer to both is that the use of such information is permissible. The Committee would like to emphasize, however, that the card or literature should at all times be presented in a dignified and wholesome manner as befits a lawyer and a gentleman. (See Advisory Opinion No. 158 of this Committee, dated October 8, 1952. Also see page 248 of Drinker on Legal Ethics.)