Can a lawyer advertise on an adoption agency's pamphlet and describe himself as an 'adoption attorney'?

Plain-English summary

A lawyer asked about placing his name, logo, and other information on a pamphlet distributed by an adoption agency. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit doing so, provided the lawyer pays only the reasonable advertising cost for placing his name on the pamphlet, as required by RPC 7.2(c).

The committee was further of the opinion that the use of the phrase "adoption attorney" would violate RPC 7.4, because it would imply the lawyer is a specialist. It said the lawyer should either not use the phrase or use it with an appropriate disclaimer, such as "Washington has no procedure for certifying expertise of lawyers admitted to practice in this state."

Currency note

This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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 advertise on an adoption agency's pamphlet?

A: The committee was of the opinion that nothing prohibits it, provided the lawyer pays only the reasonable advertising cost as required by RPC 7.2(c).

Q: Can the lawyer call himself an "adoption attorney"?

A: The committee said that phrase would violate RPC 7.4 by implying the lawyer is a specialist, unless it is used with an appropriate disclaimer.

Q: What disclaimer did the committee suggest?

A: The committee gave the example: "Washington has no procedure for certifying expertise of lawyers admitted to practice in this state."

Background and rules framework

The opinion applied RPC 7.2(c) (the bar on giving something of value for advertising beyond reasonable cost) and RPC 7.4 (claims of specialization), corresponding to ABA Model Rules 7.2 and 7.4. The committee permitted the pamphlet placement at reasonable cost but treated "adoption attorney" as an implied specialist claim that RPC 7.4 forbids absent a curing disclaimer.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.2 (advertising; payment of reasonable costs); Washington RPC 7.2(c)
• ABA Model Rule 7.4 (communication of fields of practice and specialization); Washington RPC 7.4

See also

• WA Ethics Op. 1491: Direct-Mail Solicitation of the Elderly
• WA Ethics Op. 1499: 'Public Notice' Ad Is Misleading

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=581

Original opinion text

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

Advisory Opinion: 1500
Year Issued: 1992
RPC(s): RPC 7.2; 7.4
Subject: Advertisement on adoption agency pamphlet; use of term "adoption attorney" implies specialist

The Committee reviewed your inquiry regarding placing your name, logo and other information on a pamphlet distributed by [an adoption agency.] The Committee is of the opinion that nothing in the Rules of Professional Conduct would prohibit you from doing so, provided that, first, you are only paying the reasonable advertising cost for placing your name on the pamphlet, as required by RPC 7.2(c). Second, the Committee was of the opinion that the use of the phrase "adoption attorney" would violate RPC 7.4 -- in that it would imply that you are a specialist. The Committee was of the opinion that either you should not use that phrase or, in the alternative, that you use it with an appropriate disclaimer such as "Washington has no procedure for certifying expertise of lawyers admitted to practice in this state".