Ohio Board Advisory Opinion Op 93-005

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804
OFFICE OF SECRETARY
OPINION 93-5
Issued June 18, 1993
[Withdrawn- by Board on October 10, 1997 due to amended DR 2-101 (B)(2), eff. August 16, 1993.]
SYLLABUS: Under amended Disciplinary Rule 2-101(B) (2) (a) and (b), effective January 1,
1993, it is not proper for an attorney to list his or her name in the classified section of a telephone
directory under a section entitled "Areas of Practice," except that the rule through its reference to
DR 2-105 (A) (1) permits an attorney admitted to practice before the United States Patent Office or
engaged in trademark or admiralty practice to list under those classifications or headings.
Under amended Disciplinary Rule 2-101 (B) (2) (a) and (b), effective January 1, 1993, it is not
proper for an attorney to advertise in the classified section of a telephone directory through a
display advertisement.
OPINION: This opinion addresses questions regarding attorney advertising in telephone
directories as governed by the amendments to Disciplinary Rule 2-101, effective January 1,1993.
1. Is it proper for an attorney to list his or her name in the classified section of a
telephone directory under a section entitled "Areas of Practice”?
2. Is it proper for an attorney to advertise in the classified section of a telephone
directory through a display advertisement?
Disciplinary Rule 2-101 of the Ohio Code of Professional Responsibility governs publicity by
attorneys. Since the adoption of the Code in Ohio on October 5, 1970, Disciplinary Rule 2-101 has
been amended several times--effective November 20, 1975, November 28, 1977, February 12,
1979, June 11, 1979, March 1, 1986, and January 1, 1993. Under the 1993 amendments, telephone
advertising is specifically governed by Section (B)(2) of Disciplinary Rule 2-101 set forth below.

Op. 93-5 2
DR 2-101(B) Subject to the limitations contained in these rules:
(2) A lawyer or firm of lawyers licensed to practice law in Ohio may permit
inclusion of his, her, or its name, address, and telephone number in a telephone or
city directory, subject to the following standards:
(a) The lawyer’s or the firm's name, address, and telephone number,
alone, may be listed alphabetically in the residential, business, or
classified sections.
(b) Listing in the classified section shall be under the general heading
"Lawyers" or "Attorneys," or, if a lawyer or a firm meets the
requirements of DR 2-105 (A) (1), under the classification or
heading identifying the field or area of practice in which such
lawyer is so qualified.
(c) Nothing contained in this rule shall prohibit a lawyer or law firm
from permitting inclusion in reputable law lists and law
directories, intended primarily for the use of the legal profession,
of such information as has traditionally appeared in those
publications.
Question One
In Opinion 89-006 (1989) the Board considered the issue of whether a lawyer may be listed in a
telephone directory under a heading entitled "Attorney-Fields of Practice" and did not find it
improper under the rules. However, that advice is no longer current based upon the subsequent
amendments to DR 2-101 that became effective January 1, 1993.
The standards set forth in subdivision (a) and (b) of amended Disciplinary Rule 2-101(B) (2) are
quite specific. Under subdivision (a), name, address, and telephone number, alone, may be listed
alphabetically in residential, business, or classified sections. Under subdivision (b), the classified
listing shall be under the general heading "Lawyers" or "Attorneys." There is only one narrow
exception within subdivision (b)--if a lawyer or firm meets the requirements of DR 2-105(A) (1),
namely, attorneys admitted to practice before the United States Patent office or engaged in
trademark or admiralty practice, then the lawyer or firm may be listed under the classification or
heading identifying those fields or areas of practice.

Op. 93-5 3
Based upon the specific language of the rule, this Board can reach but one conclusion as to the
question presented. The Board's advice is that under amended Disciplinary Rule 2-101 (B) (2) (a)
and (b), effective January 1, 1993, it is not proper for an attorney to list his or her name in the
classified section of a telephone directory under a section entitled "Areas of Practice," except that
the rule through its reference to DR 2-105 (A) (1) permits an attorney admitted to practice before
the United States Patent Office or engaged in trademark or admiralty practice to list under those
classifications or headings.
Question Two
The standard within Disciplinary Rule 2-101 (B) (2) (a) is that “[t]he lawyer's or the firm's name,
address, and telephone number, alone, may be listed alphabetically in the residential, business, or
classified sections" (emphasis added). Display advertisements are not alphabetical listings and fall
outside the standard created within the rule.
Thus, based on the specific language of the rule, this Board can again reach but one conclusion.
The Board's advice is that under amended Disciplinary Rule 2-101 (B) (2) (a) and (b), effective
January 1, 1993, it is not proper for an attorney to advertise in the classified section of a telephone
directory through a display advertisement.
Advisory Opinions of the Board of Commissioners an Grievances and Discipline are
informal, nonbinding opinions in response to prospective or hypothetical questions regarding
the application of the Supreme Court Rules for the Government of the Bar of Ohio, the
Supreme Court Rules for the Government of the Judiciary, the Code of Professional
Responsibility, the Code of Judicial Conduct, and the Attorney's Oath of Office.