Can a lawyer who has left practice to sell insurance put 'Attorney at Law,' 'Former Practicing Attorney,' or bar membership on an insurance business card?

Plain-English summary

The inquirer was licensed to practice law in another state and had formerly been associated with a law firm. He had ceased active legal practice and become a sales representative for a life insurance company, where he made recommendations on the financial planning of corporations and individuals with substantial assets. He wished to point out his legal training to prospective clients to show he was better qualified than competitors, and asked whether he could use any of three designations on his insurance company business card: "Attorney at Law"; "Former Practicing Attorney"; or "Member of the X Bar Association."

The Committee held that identifying oneself as a lawyer on the insurance company business card is proscribed by DR 2-102(E), noting that although the inquirer was not actively practicing in his state of licensure, he remained a member in good standing of that bar. It relied on ABA Informal Opinion 634 (1963), which concluded that a lawyer admitted in one state but working in nonlegal matters elsewhere does not uphold the honor and dignity of the profession by using his bar admission to advertise his insurance business, a violation of the spirit of the former Canons. The Committee added that, because the inquirer was not licensed to practice in West Virginia (where he intended to do insurance business), it would be inaccurate and misleading for him to state on his card that he was an "Attorney at Law" or a "Former Practicing Attorney." It concluded that, while he could inform prospects of his legal training and background, it would be improper to do so by means of a business card or announcement, in business advertising, or upon his business letterhead.

Currency note

This opinion was issued in 1976, before West Virginia replaced its Code of Professional Responsibility with the Rules of Professional Conduct, effective January 1, 1989, and before later rule revisions, including the comprehensive 2015 amendments. It also predates Bates v. State Bar of Arizona (1977) and the later liberalization of advertising and solicitation rules. Treat this page as historical context, not current guidance. Verify against current rules before relying on any rule, prohibition, or characterization mentioned here.

Common questions

Q: Could the insurance agent put "Attorney at Law" on his insurance card?

A: No. The opinion concluded that identifying oneself as a lawyer on an insurance company business card is proscribed by DR 2-102(E), and that, because he was not licensed in West Virginia, the designation would also be inaccurate and misleading.

Q: What about "Former Practicing Attorney" or bar membership?

A: The opinion treated these the same way. It said that identifying himself as a lawyer was proscribed, and that "Former Practicing Attorney" would likewise be inaccurate and misleading given that he was not licensed to practice in West Virginia.

Q: Could he tell prospects about his legal training at all?

A: Yes, but not in print. The opinion said he could inform prospects of his legal training and background, but that it would be improper to do so by means of a business card or announcement, in business advertising, or on his business letterhead.

Background and rules framework

The opinion applied DR 2-102(E) of the West Virginia Code of Professional Responsibility, which barred a lawyer engaged in both law and another business from indicating both on his letterhead, office sign, or professional card, or identifying himself as a lawyer in publications connected with the other business. The Committee reinforced its conclusion with ABA Informal Opinion 634 and the principle, drawn from the former Canons 27 and 29, that a lawyer may not use his bar admission to advertise a separate business.

Citations and references

Rules of Professional Conduct (as cited):

• DR 2-102(E) (no indication of dual law/business practice on letterhead, office sign, or professional card)
• Canons 27 and 29 of the former Canons of Ethics (referenced via ABA Informal Opinion 634)

Other opinions cited:

• ABA Informal Opinion 634 (1963) (a lawyer may not use his bar admission to advertise a bonding or insurance business)

See also

• WVSB Ethics Op. 76-5: Practicing law and the life insurance business
• WVSB Ethics Op. 76-1: Practicing law and a real estate business
• WVSB Ethics Op. 77-1: Attorney-owned collection agency

Source

• Landing page: https://wvodc.org/Legal-Ethics-Opinion
• Original PDF: https://storage.googleapis.com/msgsndr/Rgd68xOkcVdteTsBkf6O/media/66a7ea7e447e6684002f4971.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

WEST VIRGINIA STATE BAR JOURNAL
Volume 2, Number 2, 1976

USING ATTORNEY DESIGNATION WHILE ENGAGING IN INSURANCE BUSINESS

LEGAL ETHICS INQUIRY 76-2

By letter dated April 15, 1976, you advised that you are licensed to practice law in the State of X and that you were formerly associated with a law firm in the City of Y. You have ceased active legal practice and are now associated with the ABC Life Insurance Company as a sales representative. In your position as a sales representative and in the normal course of your work you will make constant recommendations as to the financial planning of large corporations and individuals with substantial assets. You state you would like to point out to prospective clients your legal training for the purpose of demonstrating to them that you are better qualified to advise them than your competitors.

You ask whether you can use any of the following designations on your insurance company business card:

(a) Attorney at Law;

(b) Former Practicing Attorney;

(c) Member of the X Bar Association.

DR 2-102(E) of the Code of Professional Responsibility provides as follows:

A lawyer who is engaged both in the practice of law and another profession or business shall not so indicate on his letterhead, office sign, or professional card, nor shall he identify himself as a lawyer in any publication in connection with his other profession or business.

The Committee is of the opinion that identifying yourself as a lawyer on your insurance company business card is proscribed by DR 2-102(E). While you are not actively engaged in the practice of law in the State of X, you are a member in good standing of the X Bar Association.

In Informal Opinion 634 (1963), the Committee on Ethics and Professional Responsibility of the American Bar Association said in part:

Since the bondsman and insurance agent is licensed to practice law in state A and not licensed to practice law in state B and since he is living and working in state B involving nonlegal matters, the standards of what he may do in state B may be different than what he could do in state A if he were there practicing law. However, Canon 29 provides, among other things, 'he (a lawyer) should strive at all times to uphold the honor and to maintain the dignity of the profession.' . . . Because he is a lawyer in state A he has this responsibility wherever he may live and wherever he may work. He does not uphold the honor and the dignity of the profession to use the fact of his state A admission to the bar as a means of advertising his bonding business or his insurance business. Canon 27 makes it unprofessional to advertise for law business. In the same way we believe it is a violation of Canon 29 to use the admission to the bar in advertising for other business which may be appropriate for a lawyer to carry on.

We also point out that you are not licensed to practice in the State of West Virginia. Your business address is West Virginia, and we assume you will engage in the insurance business in West Virginia as well as in X. It would, therefore, be inaccurate and misleading for you to state on your business card that you are an "Attorney at Law" or a "Former Practicing Attorney."

While you may inform your prospects of your legal training and background, it would be improper for you to do so by means of a business card or announcement, in business advertising, or upon your business letterhead.