Ohio Board Advisory Opinion Op 87-039

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 87-039
December 18, 1987
[Withdrawn- by Board on Dec. 5, 1997 due to amended DR 2-105 and Gov. Bar R. XIV]
SYLLABUS: A lawyer may not indicate on his letterhead that he is certified as a Civil Trial
Advocate by the National Board of Trial Advocacy.
OPINION: We have before us your request for our opinion on whether you may indicate on
your stationery that you have been certified as a Civil Trial Advocate by the National Board of
Trial Advocacy.
Under the Disciplinary Rules, a lawyer is prohibited from holding himself out publicly as a
specialist. Code of Professional Responsibility DR 2-105(A). We believe that indicating your
certification as Civil Trial Advocate on your stationery is implicitly a statement of specialization.
See, e.g., Pennsylvania Opinion No. 85-171 (1985).
A lawyer may hold himself out as a specialist in the historically accepted fields of
admiralty, trademark and patent law. Code of Professional Responsibility EC 2-13. However, a
lawyer should not be permitted to hold himself out as having special training or ability. Id.

Op. 87-039 2
In conclusion, it is our opinion, and you are so advised, that a lawyer in Ohio may not
indicate on his stationery that he is certified as a Civil Trial Advocate by the National Board of
Trial Advocacy.
This is an informal, non-binding advisory opinion, based upon the facts as presented
and limited to questions arising under the Code of Professional Responsibility.
James W. Mason, Esq.
Secretary, Board of Commissioners
on Grievances and Discipline,