Ohio Board Advisory Opinion Op 99-003

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 99-3
Issued June 4, 1999
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded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.]
SYLLABUS: It is proper for an Ohio attorney to be listed in the online
membership directory of a professional association. An online membership
directory of attorneys in a professional association is considered a law
directory intended primarily for the use of the legal profession and is
permitted under DR 2-101(B)(2)(c) of the Ohio Code of Professional
Responsibility. This advice is not to be construed as blanket approval of
attorney listings in other types of online directories. The propriety of
attorney listings in other online membership directories would depend upon
the facts and circumstances involved and the application of the Ohio Code of
Professional Responsibility.
It is proper for an Ohio attorney to be listed in an online membership
directory of a professional association with a link from the attorney’s name
to the attorney’s e-mail address or law firm web site. A link from an
attorney’s name in a membership directory on a professional organization’s
web site to a listed attorney’s e-mail address or law firm web site does not
constitute a referral triggering the application DR 2-103, unless there are
facts indicating that there is compensation being provided for a referral or
that the directory is being used as part of a lawyer referral service that
screens inquiries and provides referrals. This advice is not to be construed
as blanket approval of links between other types of web sites and an
attorney’s web site or e-mail address. The propriety of other links between
an attorney’s name in online membership directories and the attorney’s e-
mail address and law firm web site would depend upon the facts and
circumstances involved and the application of the Ohio Code of Professional
Responsibility.
It is proper for an Ohio attorney to be listed in an online membership
directory of a professional association that either links its world wide web
site to another related professional organization’s world wide web site or
provides the membership directory to another related organization for

Op. 99-3 2
inclusion on its web site. This advice is not to be construed as blanket
approval of all links of attorney membership directories between the world
wide web sites of organizations or individuals. The propriety of other links
would depend upon the facts and circumstances involved and the application
of the Ohio Code of Professional Responsibility.
OPINION: This opinion addresses questions regarding the listing of
attorneys in online membership directories of a professional association.
1. Is it proper for an Ohio attorney to be listed in the online
membership directory of a professional association?
2. Is it proper for an Ohio attorney to be listed in a membership
directory of a professional association with a link from the
attorney’s name to the attorney’s e-mail address and law
firm home page?
3. Is it proper for an Ohio attorney to be listed in an online
membership directory of a professional association that
either links its world wide web site to another related
professional organization’s world wide web site or provides
the directory to another related organization for inclusion on
its web site?
Question One
Is it proper for an Ohio attorney to be listed in the online
membership directory of a professional association?
The Ohio Code of Professional Responsibility permits Ohio lawyers and law
firms to be listed in reputable law lists and law directories intended primarily
for the use of the legal profession.
DR 2-101(B)(2)(c) Nothing contained in this rule [DR 2-101]
shall prohibit a lawyer or law firm from permitting inclusion in
reputable law lists and law directories intended primarily for the
use of the legal profession, of such information as has
traditionally appeared in those publications.
As set forth in the rule, the law list or law directory must be intended
primarily for the use of the legal profession. A printed law directory of a

Op. 99-3 3
professional association traditionally has been viewed as intended primarily
for the use of the legal profession even though it may also be available to the
public upon request. An online law directory may be more readily
accessible to the public through the association’s web site (unless access is
blocked to those other than members), but it is still intended primarily for
the use of the legal profession, particularly those within the association.
Information listed in law lists and law directories should conform to the
advertising rules. The Code offers examples of the type of information that
is presumed to be informational. Information set forth in DR 2-101(D)
would be acceptable for dissemination through law directory listings so long
as the information is truthful as required under DR 2-101(A).
DR 2-101(D) The following information with regard to
lawyers, law firms, or members of firms will be presumed to be
informational rather than solely promotional or self-laudatory,
and acceptable for disseminated under these rules, if accurate
and presented in a dignified manner:
1. Name or names of lawyer, law firm, and professional
associates, together with their addresses and telephone
numbers, with designations such as “Lawyer,” “Attorney,”
“Law Firm.”
2. Field or fields of practice, limitations of practice, or areas
of concentration, but only to the extent permitted by DR 2-
105;
3. Date and place of birth;
4. Dates and places of admission to the bar of the state and
federal courts;
5. Schools attended, with dates of graduation and degrees
conferred;
6. Legal teaching positions held at accredited law schools;
7. Authored publications;

Op. 99-3 4
8. Memberships in bar associations and other professional
organizations;
9. Technical and professional licenses;
10. Military service;
11. Foreign language abilities;
12. Subject to DR 2-103, prepaid or group legal service
programs in which the lawyer or firm participates;
13. Whether credit cards or other credit arrangements are
accepted;
14. Office and telephone answering services hours.
In conclusion, the Board advises that it is proper for an Ohio attorney to be
listed in the online membership directory of a professional association. An
online membership directory of attorneys in a professional association is
considered a law directory intended primarily for the use of the legal
profession and is permitted under DR 2-101(B)(2)(c) of the Ohio Code of
Professional Responsibility. This advice is not to be construed as blanket
approval of attorney listings in other types of online directories. The
propriety of attorney listings in other online membership directories would
depend upon the facts and circumstances involved and the application of the
Ohio Code of Professional Responsibility.
For a discussion of ethical issues regarding professional legal organizations
on the Internet see Drew L. Kershen, Professional Legal Organizations on
the Internet: Websites and Ethics (Oct. 1998) <htpp://www.legal
ethics.com/articles/kershen.html>. The author addresses, inter alia, the
ethical uncertainties as to compliance with the legal ethics codes of other
states when attorneys are listed in online membership directories of
professional associations.
Question Two
Is it proper for an Ohio attorney to be listed in a membership
directory of a professional association with a link from the

Op. 99-3 5
attorney’s name to the attorney’s e-mail address and law firm
home page?
A characteristic of the world wide web is that links can be created from one
web site to other web sites. “Links to other sites not only allow users to find
the information they seek, but also lead them to more links that offer even
more information.” Melinda M. Hanson, Lawyers, Firms Vie for Visibility
By Creative Use of Home Pages on Web, Current Reports, (ABA/BNA) Vol
14, No. 9, at 239 (May 27, 1998).
A link between a professional organization’s membership directory and a
listed attorney’s home page or e-mail address provides a quick way to obtain
information about an attorney and his or her law firm and allows quick
access to e-mail communication with an attorney listed. Such links may be
of interest to many law firms that have e-mail access, Internet access, and
home pages. A 1998 survey by the Legal Technology Resource Center of
the American Bar Association reports that 79.7% of responding small firms
have e-mail and Internet access and that 98.7% of responding large firms
have e-mail and Internet access. The survey also reports that 11.1% of
responding small law firms have a home page on the world wide web and
that 57.6% of responding large law firms have a home page on the world
wide web. See American Bar Association, Legal Technology Resource
Center, 1998 Small Firm Technology Survey, 1998 Large Firm Technology
Survey.
There is no rule within the Code directly addressing either attorney home
pages on the world wide web or links between an attorney’s web site and
other web sites. Until such rules are adopted, or in the absence of any
specific rules ever being adopted, other rules in the Code of Professional
Responsibility must be considered. DR 2-101(B)(1) lists as examples of
acceptable advertising mediums “newspapers, periodicals, trade journals,
‘shoppers,’ and similar print media, outdoor advertising, radio and
television, and written communication.” The rule predates widespread
communication through the world wide web. Presumably, if communication
through the world wide web had been considered when the rule was written
it would have been included in this list.
As to links between web sites, a pertinent concern is whether a link from a
professional organization’s web site to an attorney’s home page or e-mail
address would be considered a referral triggering the application of DR 2-
103, the rule regulating referrals and referral services. However, in this

Op. 99-3 6
Board’s view a link from a membership directory on a professional
organization’s web site to a listed attorney’s law firm web site or e-mail
address does not constitute a referral triggering the application DR 2-103,
unless there are facts indicating that compensation is being provided for a
referral or that the directory is being used as part of a lawyer referral service
that screens inquiries and provides referrals. A membership directory of a
professional organization of attorneys does not automatically constitute a
referral service. A similar view has been expressed by an advisory
committee in Massachusetts. “[T]he Rules of Professional Conduct permit a
bar association to establish an Internet site on the World Wide Web that
contains a publicly-accessible membership directory and ‘hot links’ to the
home pages of individual members. A bar directory, whether written or
computerized, does not constitute a ‘lawyer referral service’ for purposes of
Rule 7.3(e) of the Massachusetts Rules of Professional Conduct.”
Massachusetts Bar Ass’n, Op. 98-2 (1998).
In conclusion, this Board advises that it is proper for an Ohio attorney to be
listed in an online membership directory of a professional association with a
link from the attorney’s name to the attorney’s e-mail address or law firm
web site. A link from an attorney’s name in a membership directory on a
professional organization’s web site to a listed attorney’s e-mail address or
law firm web site does not constitute a referral triggering the application DR
2-103, unless there are facts indicating that there is compensation being
provided for a referral or that the directory is being used as part of a lawyer
referral service that screens inquiries and provides referrals. This advice is
not to be construed as blanket approval of links between other types of web
sites and an attorney’s web page or e-mail address. The propriety of other
links between an attorney’s name in online membership directories and the
attorney’s e-mail address and law firm web site would depend upon the facts
and circumstances involved and the application of the Ohio Code of
Professional Responsibility.
Question Three
Is it proper for an Ohio attorney to be listed in an online
membership directory of a professional association that either
links its world wide web site to another related professional
organization’s world wide web site or provides the directory to
another related organization for inclusion on its web site?

Op. 99-3 7
The Board finds no rule or reason within the Ohio Code of Professional
Conduct that would prohibit an attorney from being listed in an online
membership directory of a professional organization that shares its
membership list with another professional organization. It is understandable
that two professional organizations related in purpose or professional interest
might want to share information through a link from one web site to the
other site. Part of the information professional organizations might want to
share would be their membership lists in order to facilitate communication
between members of the two groups.
Thus, the Board advises that it is proper for an Ohio attorney to be listed in
an online membership directory of a professional association that either links
its world wide web site to another related professional organization’s world
wide web site or provides the membership directory to another related
organization for inclusion on its web site. This advice is not to be construed
as blanket approval of all links of attorney membership directories between
the world wide sites of organizations or individuals. The propriety of other
links would depend upon the facts and circumstances involved and the
application of the Ohio Code of Professional Responsibility.
Advisory Opinions of the Board of Commissioners on Grievances and
Discipline are informal, nonbinding opinions in response to prospective
or hypothetical questions regarding the application of the Supreme
Court Rules for the Government of the Bar of Ohio, the Supreme Court
Rules for the Government of the Judiciary, the Code of Professional
Responsibility, the Code of Judicial Conduct, and the Attorney’s Oath
of Office.