Op 88-029•Ohio Board Advisory Opinion Op 88-029
Texte intégral
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88-29 Issued December 16, 1988 [CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]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.
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.