May an individual lawyer or law firm print 'SEE YOUR LAWYER FIRST' on their envelopes?

Plain-English summary

The committee was asked whether an individual lawyer or a law firm may have "SEE YOUR LAWYER FIRST" printed on its envelopes; the question arose because that phrase appeared on envelopes used by the Oklahoma Bar Association's headquarters. It held that it is not a violation of Canon 27 to use advertising facilities to acquaint the public with the value of obtaining competent legal advice before acting, provided the effort is carried on by an organized bar association rather than individual lawyers, so that any semblance of personal solicitation or selfish motive is avoided and it is made clear the primary aim is to inform the public and enable better professional service. On that basis, it was entirely proper for the Oklahoma Bar Association to use the phrase on its envelopes.

The committee reached the opposite result for individual lawyers and firms. It said it violates Canon 27 for an individual lawyer or firm to do anything giving a semblance of personal solicitation or creating the impression of a selfish desire to secure greater professional employment. Because the great majority of envelopes addressed in a lawyer's or firm's office end up with clients or persons with whom the lawyer has or hopes to have dealings, it is well within the range of probability that a recipient of such an envelope bearing "SEE YOUR LAWYER FIRST" would read it as "see the lawyer or law firm mailing this envelope first." For that reason the committee held that the use of the phrase by an individual lawyer or firm would be unethical and in violation of Canon 27, citing ABA Opinions 179 and 121 and Jacksonville Bar Association v. Wilson, 102 So.2d 292 (Fla. 1958).

Currency note

This opinion was issued in 1966, 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 and solicitation restrictions underlying this 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. Treat this page as historical context, not current guidance.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 Oklahoma Bar Association print "See Your Lawyer First" on its envelopes?

A: Yes. The committee said an organized bar may use advertising facilities to educate the public about the value of timely legal advice, so the phrase was entirely proper on the Association's envelopes.

Q: Could an individual lawyer or firm print the same phrase on its envelopes?

A: No. The committee held it would violate Canon 27, because a recipient would read "SEE YOUR LAWYER FIRST" on a lawyer's own envelope as "see the lawyer mailing this first," making it solicitation.

Q: Why did the same phrase get different treatment?

A: The committee distinguished public education by the organized bar, which avoids any semblance of personal solicitation, from use by an individual lawyer or firm, where the phrase points to the sender and serves a selfish desire for employment.

Background and rules framework

The opinion applied Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, which bars advertising and solicitation, distinguishing permissible public education by the organized bar from impermissible self-promotion by an individual lawyer or firm. It cited ABA Opinions 179 and 121 and Jacksonville Bar Association v. Wilson. 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): bars direct or indirect advertising and solicitation by a lawyer, while permitting public education by the organized bar.

Cases:

• Jacksonville Bar Association v. Wilson, 102 So.2d 292 (Fla. 1958): cited on improper lawyer self-promotion.

Other opinions cited:

• ABA Committee on Professional Ethics Opinions Nos. 121 and 179.

See also

• Okla. Bar Ethics Op. 230: Bar association lawyer referral service and advertising
• Okla. Bar Ethics Op. 236: Signs and lettering on office doors and windows
• Okla. Bar Ethics Op. 233: Lawyer listings in telephone directories

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-239/

Original opinion text

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

Adopted March 17, 1966

INQUIRY

This committee has been asked whether or not an individual lawyer, or a law firm may have the following phrase imprinted on the envelopes of the individual lawyer, or firm: SEE YOUR LAWYER FIRST.

1. Advertising–The above inquiry came as a result of the mentioned phrase appearing upon the envelopes used by the Oklahoma Bar Associations in correspondence originating in the offices of Headquarters Oklahoma Bar Association in Oklahoma City, Oklahoma.

It is not a violation of Canon 27 to employ advertising facilities to acquaint the lay public with the expert service the legal profession is able to render, especially in respect to those matters where the securing of competent legal advice and assistance in advance of acting will be calculated to protect the client’s rights and interests, insure compliance with essential legal requirements, and avoid future difficulty and litigation; provided it is carried on by an organized Bar Association and not by individual lawyers, so that any semblance of personal solicitation and any impression that it is actuated by a selfish desire to secure greater professional employment is avoided, and it is made clear to the lay public that the primary objective is to give beneficial information to the layman, and to enable lawyers to render a better professional service. In view of the above it is the opinion of this committee that it was entirely proper for the Oklahoma Bar Association, an organized Bar Association to use the phrase, SEE YOUR LAWYER FIRST, on envelopes used by the Association.

2. Advertising–It is a violation of Canon 27, for an individual lawyer, or law firm to do anything giving a semblance of personal solicitation of business, or creating any impression that it is actuated by a selfish desire to secure greater professional employment. Since the great majority of envelopes addressed in the office of an individual lawyer, or law firm will ultimately end up in the hands of those parties who are either clients, or with whom the lawyer or firm has some dealings, or hopes to have some dealings, it is well within the range of probability that, anyone receiving an envelope from an individual lawyer, or law firm bearing the phrase, SEE YOUR LAWYER FIRST, will interpret the phrase to mean “SEE THE LAWYER OR LAW FIRM MAILING THIS ENVELOPE FIRST.” In view of the premises, it is the opinion of this committee that the use of such a phrase by an individual lawyer, or law firm would be unethical, in violation of Canon 27.

See Opinion 179 of the Committee on Professional Ethics, American Bar Association, also, Jacksonville Bar Association v. Wilson, 102 So.2d 292 (Fla.1958), and Opinion 121 of the Committee on Professional Ethics, American Bar Association.