Ohio Board Advisory Opinion Op 18-06

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. 	The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. 	Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.
OPINION 2018-06
Issued October 5, 2018
Withdraws Adv. Op. 94-3
Lawyer Communication of Juris Doctor Degree, Other Academic Degrees, and
Professional Licenses
SYLLABUS: A lawyer may advertise the holding of a juris doctor degree while engaged
in another business or profession. 	A lawyer engaged in the practice of law may
communicate 	other 	earned 	academic 	degrees 	or 	professional 	licenses 	in 	the
advertisement of the law practice as long as the communication is not false, misleading,
or unverifiable. 	A lawyer may communicate other earned academic degrees or
professional licenses on law practice letterhead, office signage, or professional cards. A
lawyer may not use other earned academic degrees or professional licenses to state or
imply that the lawyer is a specialist in a particular field of law.

65 S OUTH F RONT S TREET , 5 TH F LOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov
D AVID L. D INGWELL
CHAIR
RICHARD A. D OVE
D IRECTOR
S ANFORD E. WATSON
VICE - CHAIR
D. A LLAN A SBURY
S ENIOR COUNSEL
K RISTI R. MCA NAUL
COUNSEL
OPINION 2018-06
Issued October 5, 2018
Withdraws Adv. Op. 94-3
Lawyer Communication of Juris Doctor Degree, Other Academic Degrees, and
Professional Licenses
SYLLABUS: A lawyer may advertise the holding of a juris doctor degree while engaged
in another business or profession. 	A lawyer engaged in the practice of law may
communicate 	other 	earned 	academic 	degrees 	or 	professional 	licenses 	in 	the
advertisement of the law practice as long as the communication is not false, misleading,
or unverifiable. 	A lawyer may communicate other earned academic degrees or
professional licenses on law practice letterhead, office signage, or professional cards. A
lawyer may not use other earned academic degrees or professional licenses to state or
imply that the lawyer is a specialist in a particular field of law.
QUESTIONS PRESENTED:
(1) Whether a lawyer may communicate the holding of a Juris Doctor degree in the
advertisement of the other profession or business.
(2) Whether 	a 	lawyer 	may 	communicate 	other 	earned 	academic 	degrees 	or
professional licenses in the advertisement of his or her law practice.
(3) Whether a lawyer engaged in both the practice of law and a law-related business
may communicate the holding of a Juris Doctor degree in the advertisement of the
law-related business.
APPLICABLE RULES: Prof.Cond.R. 5.7, 7.1, 7.4, 7.5

Op. 2018-6 	2
OPINION: 	It is increasingly common for lawyers to enter into other professions and
businesses where the possession a law degree is not a job requirement. 	Some of these
business and professions are “law-related” services that are tangential to an ongoing law
practice. 	Prof.Cond.R. 5.7. 	Often, lawyers engaged in other professions choose to use
their Juris Doctor (“J.D.”) degree in communications and advertisements of the business.
In some situations, lawyers may find it advantageous to communicate or advertise, in
their practice of law, the fact that they hold other academic degrees or professional
licenses.
Use of Law Degree in Other Profession or Business When Not Practicing Law
A lawyer may not make a false, misleading, or nonverifiable communication about
the lawyer whether the communication is made while engaged in the practice of law or
in another profession or business. Prof.Cond.R. 7.1. Because a J.D. is an earned degree
indicating formal training in the law, a lawyer’s communication in another profession or
business that he or she holds the degree is not false, misleading, or unverifiable.
Consequently, a lawyer may communicate or advertise the possession of a J.D. degree in
another profession or business, even when he or she is not actively engaged in the
practice of law. 	N.J. Ethics Op. 581 (1986). 	However, depending on the nature of the
other business or profession, a lawyer should ensure, through the use of a disclaimer or
other means, that the clients of the profession or business are not misled that he or she is
in a position to render legal advice or services due to the display of the J.D. degree.1 The
Board advises that lawyers should also determine whether the communication of their
holding a J.D. degree is permitted by the other profession or business.
Lawyer Communication of Other Academic Degrees and Professional Licensure
A lawyer engaged in the practice of law is permitted to communicate or advertise
other academic degrees or professional licensure that he or she currently holds. See Ibanez
v. Florida State Dept. of Business and Professional Regulation, 512 U.S. 136 (1994) (state cannot
prohibit lawyer from including “Certified Public Account” and “Certified Financial
Planner” on letterhead or other advertising). Unless the information is false, misleading,
1 In order to avoid a misleading communication, inactive, suspended, resigned/retired, or disbarred lawyers engaging
in a profession or business and communicating their J.D. degree should include a written disclaimer indicating they
are not permitted to practice law.

Op. 2018-6 	3
or unverifiable, a lawyer is not prohibited from communicating other degrees or licensure
in lawyer advertising, letterhead, business cards, or law firm signage. Utah Ethics Op.
108 (1990). See also Prof.Cond.R. 7.5 (letterhead must comply with requirements of
Prof.Cond.R. 7.1). Such information when communicated by lawyers may be helpful or
useful to prospective clients seeking lawyers with a particular skill set or experience.
Lawyers choosing 	to 	communicate 	other academic degrees or 	professional
licensure 	should 	be 	careful 	to 	avoid 	language 	that 	implies 	a 	particular 	legal
specialization. Prof.Cond.R. 7.4; Del. Ethics Op. 2004-1 (2004). However, a lawyer may
indicate that he or she concentrates in a particular field of law, including in areas that
overlap with other earned academic degrees or professional licenses the lawyer chooses
to advertise. 	Prof.Cond.R. 7.4(a). 	For example, a lawyer who holds a certified public
accountant (C.P.A.) designation may permissibly state that his or her practice is
concentrated in the field of taxation, but may not indicate that he or she specializes in
federal or state taxation, absent a Supreme Court approved certification in that field of
law.
Communication of a J.D. Degree When Engaged in a Law-Related Business
A 	lawyer 	is 	permitted 	to 	pursue 	another 	occupation 	or 	profession 	while
simultaneously maintaining an active practice of law. 	A lawyer who engages in dual
occupations or professions may communicate his or her legal training or licensure in
furtherance of another occupation or profession. However, when a lawyer engages in an
occupation or profession that is considered a law-related service and refers to his or her
law degree or state bar admission in advertising or communications about that law-
related service, the lawyer must ensure that clients in the law-related business are aware
that the protections normally found in a client-lawyer relationship—e.g., privileged
communications, avoidance of conflicts, and professional independence of the lawyer—
are not applicable when the lawyer is providing the law-related service. 	Prof.Cond.R.
5.7, cmt. [1]. 	By doing so, the lawyer assists recipients of law-related services in
understanding that they are not receiving legal services even though the lawyer is
referencing his or her legal training and licensure in conjunction with the law-related
business. Prof.Cond.R. 5.7(a)(2).
CONCLUSION: 	Lawyers may engage in more than one profession or business and
advertise the fact that they possess a J.D. degree. The J.D. is an earned degree, indicating

Op. 2018-6 	4
formal training in the law, a prerequisite to obtaining state bar admission and when
advertised or communicated in a different profession or business does not run afoul of
the prohibition against false, misleading, or unverifiable communications. However, in
some professions or businesses where the lawyer chooses to display the J.D., the lawyer
should take steps to ensure that clients of the business are not misled that they are
receiving legal advice or legal services. 	Lawyers may also advertise and communicate
their holding of other academic degrees and professional licenses on law office letterhead,
signage, or professional cards provided that information is not false, misleading, or
nonverifiable. However, a lawyer must ensure the communication does not employ
language that would imply the lawyer holds a specialization in an area of the law.
Finally, lawyers choosing to engage in dual professions are not prevented from
communicating and advertising the academic degrees or licensure relevant to a particular
field in the other profession. When a lawyer engages in a law-related business in addition
to an active law practice, and chooses to advertise his or her J.D. or state bar admission,
he or she must take steps to explain the lack of client-lawyer protections in the law-related
business.