Can a law firm send other lawyers an announcement that it is available to consult in labor law and that it has 19 years of experience in the field?

Plain-English summary

Opinion E-73-2 addressed a law firm's plan to circulate a printed announcement to members of the Wisconsin Bar, in an unspecified geographical area, of its availability to consult with and serve them in the specialized area of labor law, stating that the firm had nineteen years of experience in that field. The committee applied DR 2-105(A)(3) of the Code of Professional Responsibility, governing lawyers who wish to act in a consulting or association role.

The committee quoted DR 2-105(A)(3), which permits a lawyer available to act as a consultant to, or associate of, other lawyers in a particular branch of law to distribute to other lawyers and publish in legal journals a dignified announcement of such availability, but provides that the announcement shall not contain a representation of special competence or experience, shall not be distributed to lawyers more frequently than once a calendar year, and may be published periodically in legal journals.

Applying that rule, the committee concluded the firm's announcement must make no attempt to underscore expertise in labor law, could not announce that the firm specializes in labor law, and had to exclude any reference to nineteen years in the field. It further concluded that a mailed announcement should be restricted geographically to the relevant county and surrounding area. The committee noted that, although bar-journal announcements were within the disciplinary rule, the State Bar of Wisconsin Board of Governors had discontinued their publication in the Wisconsin Bar Bulletin as a matter of advertising policy.

Currency note

This opinion was issued in 1973, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and also before Bates v. State Bar of Arizona (1977). It applies the former Code's DR 2-105(A)(3) and DR 2-102(A)(6). The current counterparts are SCR 20:7.3 / Model Rule 7.3 (solicitation of clients, including communications to other lawyers) and SCR 20:7.4 / Model Rule 7.4 (communication of fields of practice and specialization). Subsequent rule amendments, court decisions, or later opinions have changed the analysis substantially. Treat this page as historical context, not current guidance.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 firm tell other lawyers it is available to consult in a particular field?

A: Under this opinion, yes, within limits. The committee said DR 2-105(A)(3) permits a dignified announcement of availability to consult or associate in a branch of law, distributed to other lawyers no more than once a calendar year.

Q: Could the firm say it specializes in labor law or cite its 19 years of experience?

A: No. The committee concluded the announcement could not represent special competence or experience, could not claim specialization in labor law, and had to omit the reference to nineteen years.

Q: Were there limits on how widely the announcement could be mailed?

A: Yes. The committee concluded a mailed announcement should be restricted geographically to the relevant county and surrounding area.

Background and rules framework

The opinion applied the former Code's DR 2-105(A)(3) (announcements of availability to consult or associate) and DR 2-102(A)(6) to a firm's labor-law consultation announcement. The current counterparts are SCR 20:7.3 / Model Rule 7.3 (solicitation) and SCR 20:7.4 / Model Rule 7.4 (communication of fields of practice and specialization).

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 / SCR 20:7.3 (solicitation of clients); former Code DR 2-105(A)(3)
• Model Rule 7.4 / SCR 20:7.4 (communication of fields of practice and specialization); former Code DR 2-102(A)(6)

See also

• WI Ethics Op. E-74-1: Professors Operating a Legal Research Service
• WI Ethics Op. E-79-10: "Practice Limited To" Advertising

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-73-2.pdf