Can a lawyer give a divorce handbook with general information to the lawyer's own divorce clients?

Plain-English summary

Informal Opinion 2/73 considered a lawyer's request to prepare and circulate a divorce handbook for the lawyer's domestic relations clients only, with a copy of the revised text submitted for review. After examining the proposed materials and the ethical principles involved, the committee concluded that it would be proper for the lawyer to circulate a divorce handbook of the type proposed for the purpose of giving general information on the subject to the lawyer's divorce clients.

The committee qualified its approval. It expressed no opinion on the authenticity of the text material and did not approve the book's contents except as stated. It specifically pointed out that references in the proposed text to the "Wisconsin Bar Association," to a minimum fee schedule, and to a requirement of a retainer fee paid in advance in divorce cases were erroneous, noting that the State Bar of Wisconsin's minimum fee schedule had been repealed.

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 it addresses a lawyer-prepared informational publication for clients. The current counterpart for accuracy in a lawyer's communications about legal services is SCR 20:7.1 / Model Rule 7.1 (communications concerning a lawyer's services must not be false or misleading). The opinion also reflects that the State Bar's minimum fee schedule was repealed; minimum fee schedules were later held unlawful (see Goldfarb v. Virginia State Bar, 1975), so any reference to one is historical. 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 Treat this page as historical context, not current guidance.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 give clients a handbook explaining divorce?

A: Under this opinion, yes. The committee found it proper to circulate a divorce handbook giving general information to the lawyer's own divorce clients.

Q: Did the committee vouch for the handbook's contents?

A: No. The committee expressly stated it gave no opinion on the authenticity of the text and did not approve the contents, and it flagged several erroneous references in the draft.

Q: What errors did the committee identify in the draft?

A: It noted that references to the "Wisconsin Bar Association," to a minimum fee schedule, and to a required advance retainer in divorce cases were erroneous, observing that the State Bar's minimum fee schedule had been repealed.

Background and rules framework

The opinion approved a lawyer-prepared informational handbook for the lawyer's own clients while declining to endorse its contents and correcting inaccurate references. The accuracy concern maps to SCR 20:7.1 / Model Rule 7.1, which requires that a lawyer's communications about legal services not be false or misleading.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / SCR 20:7.1 (communications concerning a lawyer's services; false or misleading)

See also

• WI Ethics Op. E-73-2: Announcing a Consultation Service to Other Lawyers
• WI Ethics Op. E-09-03: Communicating Fees and Expenses to Clients

Source

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