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WSBA 1997

Can a Washington lawyer advertise as a specialist, and where does someone report a lawyer who does so improperly?

Short answer: The committee said RPC 7.4 does not authorize specialty advertising except in limited circumstances, and that complaints about other lawyers' conduct go to the Office of Disciplinary Counsel, not the RPC Committee.

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This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1997
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee stated that RPC 7.4 does not authorize specialty advertising except in limited circumstances. It added that the Rules of Professional Conduct Committee is not charged with determining whether other attorneys have violated the Rules of Professional Conduct in a way that may be subject to disciplinary proceedings, and that the appropriate entity to report a complaint is the Office of Disciplinary Counsel.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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. Washington's cited rule corresponds to ABA Model Rule 7.4 (communication of fields of practice and specialization).

Common questions

Q: Can a Washington lawyer advertise as a specialist?

A: The committee said RPC 7.4 does not authorize specialty advertising except in limited circumstances.

Q: Where do I report a lawyer who advertises a specialty improperly?

A: The committee said the appropriate entity to report a complaint is the Office of Disciplinary Counsel; the RPC Committee is not charged with determining whether other attorneys have violated the rules.

Background and rules framework

The opinion applied RPC 7.4 (communication of fields of practice and specialization, corresponding to ABA Model Rule 7.4) to specialty advertising, stating the rule permits it only in limited circumstances. The committee also drew the line between its advisory role and the disciplinary function of the Office of Disciplinary Counsel, which handles complaints that other lawyers violated the rules.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 7.4 (communication of fields of practice and specialization); Washington RPC 7.4

See also

Source

Original opinion text

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

Advisory Opinion: 1728
Year Issued: 1997
RPC(s): RPC 7.4
Subject: Advertising; specialist

RPC 7.4 does not authorize specialty advertising except in limited circumstances. The Rules of Professional Conduct Committee is not charged with the responsibility of determining whether other attorneys have violated the Rules of Professional Conduct which may be subject to disciplinary proceedings. To report a complaint the appropriate entity is the Office of Disciplinary Counsel.

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