Ohio Board Advisory Opinion Op 88-001

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 88-001
Issued: February 12, 1988
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio
Rules of Professional Conduct, eff. 2/1/2007.]
[Not current-subsequent rule amendments to DR 2-101, eff. Jan. 1, 1993 an Aug. 16, 1993, See Op. 92-20.]
SYLLABUS: A law firm may ethically send out newsletters to established clients on general
points of law as long as such newsletters do not contain false, fraudulent, misleading or deceptive
statements or claims.
OPINION: We have before us a request for an informal advisory opinion on whether a law firm
may periodically send out newsletters to established clients on general points of law. The request
letter states that the newsletters would emphasize that they are not to be construed as either legal
advice or detailed expostulations of the law.
It is our opinion that such newsletters are not prohibited under the Code of Professional
Responsibility. There are however, limitations on the type of communication a lawyer may use.
These limitations are found in DR 2-101(A) which states: “a lawyer shall not, ... use, or participate
in the use of, any form of communication containing a false, fraudulent, misleading, or deceptive
statement or claim.” A communication is considered false or misleading if it:
(1) contains a material misrepresentation of fact or law, or omits a fact
necessary to make the statement considered as a whole not materially
misleading;
(2) is likely to create an unjustified expectation about results the lawyer can
achieve or states or implies that the lawyer can achieve results by means that
violate the Code of Professional Responsibility or other law; or

Op. 88-001 2
(3) is subjectively self-laudatory, or compares a lawyer's services with other
lawyers' services, unless the comparison can be factually substantiated. Code
of Professional Responsibility DR 2-101(C).
In conclusion, it is our opinion and you are so advised that, as long as the contents of the
newsletter are not considered false or misleading, as defined above, it is ethically permissible to
send such a newsletter to established clients.
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.