Ohio Board Advisory Opinion Op 88-029

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 88-29
Issued December 16, 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[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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 and Aug. 16, 1993.]
SYLLABUS: Billboard advertising is a permitted form of advertising under the Code of
Professional Responsibility provided it does not contain any false, fraudulent, misleading or
deceptive statements or claims.
OPINION: We have before us your request for an advisory opinion on the Board's position
regarding attorneys advertising on billboards.
Billboard advertising, like all forms of advertising by attorneys, is subject to DR 2-101
which states:
(A) 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.
(B) In order to facilitate the process of informed selection of a lawyer by
potential consumers of legal services, a lawyer may publish or broadcast,
subject to DR 2-102 through DR 2-105, information in print media, in written
or printed material distributed to consumers through the mail or otherwise; or
over radio or television. The information disclosed by the lawyer in such
publication or broadcast shall comply with DR 2-101(A)(emphasis added).
(C) A communication is 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

Op. 88-29 2
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 (3) is subjectively self-laudatory, or compares a lawyer's services with
other lawyers’ services, unless the comparison can be factually substantiated.
The catchall phrase of DR 2-101(B) is, “or otherwise.” We believe that this provision
permits billboard advertising as long as the advertisement does not contain any of the restrictions
found in DR 2-101(A) and (C). We do not pass judgment on the specific content of advertisements
and for that reason we are neither approving nor disapproving the content of your billboard
advertisement.
In conclusion, it is our opinion, and you are so advised that billboard advertising is a
permitted form of advertising under the Code of Professional Responsibility.
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.