Can a lawyer put a non-legal certification like 'CFE' (Certified Franchise Executive) on advertising materials?

Plain-English summary

The inquiry concerned a lawyer's use of the "CFE" (Certified Franchise Executive) designation on marketing materials. The committee resolved it under RPC 7.1(a) and 7.4.

The committee concluded that such use of the "CFE" designation, particularly without clarification, would seem to violate RPC 7.1(a) and 7.4 because the designation omits the facts necessary to make the statement not materially misleading. It added that to the extent the designation conveys the idea that it is law-related, it violates RPC 7.4(b)(2) and (3).

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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 RPC 7.1 and 7.4 corresponded to ABA Model Rules 7.1 (communications concerning a lawyer's services) and 7.4 (communication of fields of practice and certification); the ABA later amended and consolidated its lawyer-advertising rules, so verify the current Washington numbering and text before relying on it.

Common questions

Q: Can a lawyer advertise a "CFE" (Certified Franchise Executive) designation?

A: The committee concluded that using "CFE," particularly without clarification, would seem to violate RPC 7.1(a) and 7.4 because it omits the facts needed to keep the statement from being materially misleading.

Q: What makes the designation a problem?

A: The committee said the designation omits facts necessary to avoid being materially misleading, and that to the extent it conveys a law-related certification it violates RPC 7.4(b)(2) and (3).

Background and rules framework

The opinion applied Washington RPC 7.1(a) (false or misleading communications about a lawyer's services) and RPC 7.4 (communication of fields of practice and certification, including RPC 7.4(b)(2) and (3)), corresponding to ABA Model Rules 7.1 and 7.4. The committee made the analysis turn on whether the "CFE" designation, without clarification, omitted facts necessary to avoid being materially misleading and whether it implied a law-related certification.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1(a)
• ABA Model Rule 7.4 (communication of fields of practice and certification); Washington RPC 7.4, 7.4(b)(2), 7.4(b)(3)

See also

• WA Ethics Op. 1820: 'Of Counsel' in the Firm Name
• WA Ethics Op. 1182: Contingent-Fee Ads and Costs
• WA Ethics Op. 1816: Paralegal-Run Branch Office

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1017

Original opinion text

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

Advisory Opinion: 1824
Year Issued: 1998
RPC(s): RPC 7.1(a); 7.4
Subject: Advertising; use of "CFE" designation on advertising materials

The Committee researched and reviewed your inquiry regarding the use of "CFE" ["Certified Franchise Executive"] designation on marketing materials and determined the following:

Such use of the designation "CFE", particularly without clarification, would seem to violate RPC 7.1(a) and 7.4 because the designation omits the facts necessary to make the statement not materially misleading. To the extent that the designation conveys the idea that it is law related it violates RPC 7.4(b)(2) and (3).