Ohio Board Advisory Opinion Op 88-027

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 88-27
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[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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; DR 2-103, eff. Jul. 1,
1996.]
SYLLABUS: A lawyer is permitted to advertise in the Talking Yellow Pages.
OPINION: We have before us your request for an opinion on whether an attorney may advertise
in the Talking Yellow Pages (TYP). The TYP is a service whereby a consumer telephones the
TYP’s representative and asks for the names of persons providing a particular type of service in a
specific geographic area. The computer will pull up six names by random selection and show them
on the screen in groups of two.
According to your request letter, representatives of the TYP have solicited attorneys to subscribe as
providers with this listing service. The TYP would charge a flat rate per month for the listing.
The TYP’s personnel have represented to you that they will not recommend or endorse the services
of particular attorneys. The subscribing attorneys would have to indicate those areas of practice for
which they are making themselves available to the public. A consumer would be given the names
of attorneys who are in close geographic proximity and who are listed as being available to practice
in the legal area which the consumer has requested. As your letter indicates, if an insufficient
number of subscribing attorneys are listed with the given criteria, the operator would give the name
of non-subscribing attorneys to the consumer.
In our opinion, under DR 2-101(B), a lawyer is permitted to advertise in the Talking Yellow Pages.
DR 2-101(B) states that,
[i]n 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...

Op. 88-27 2
We agree that the TYP service “does not exactly fit into any of the sanctioned classifications of DR
2-101(B)...” Arizona State Bar Committee on Rules and Professional Conduct, Op. 84-13.
However, we assert that given the recent liberalization regarding lawyer advertising by the United
States Supreme Court, advertising in the Talking Yellow Pages should be permitted. See, e.g.,
Shapero v. Kentucky Bar Association, 56 U.S.L.W. 4532, 4 Law. Man. Prof. Conduct 180 (1988).
As a reminder, all forms of lawyer advertising must not include any false, fraudulent, misleading,
or deceptive statements or claims. Code of Professional Responsibility, DR 2-101(A). This would
include advertising in the Talking Yellow Pages.
Arguments have been made that it is unethical, under DR 2-103(C), for a lawyer to subscribe to the
Talking Yellow Pages. See, e.g., Kentucky Bar Association Ethics and Unauthorized Practice
Committee Op. E-309. Disciplinary Rule 2-103(C) prohibits lawyer's from requesting a person or
organization to recommend or promote the use of his or her services unless the lawyer referral
service is sponsored by a bar association.
We believe DR 2-103(C) should not prohibit a lawyer from advertising in the TYP. As stated in
your request letter, the TYP will not recommend or endorse the services of particular attorneys.
Moreover, although technically the TYP service could be considered a referral service, it is
primarily a form of advertising. In this regard, DR 2-103(E) states that nothing in DR 2-103
“prohibits a lawyer from accepting employment received in response to his own advertising,
provided such advertising is in compliance with DR 2-101.” Another factor to consider is that, the
computer randomly pulls up the name of attorneys, thereby eliminating the risk involved in a
person determining which attorneys names to give.
Of course, the TYP’s representative should not offer and should, if asked, decline to give any
additional comments regarding a subscribing attorney. They may also be well advised to include a
disclaimer that they are not recommending or endorsing any particular attorney. In addition, the
attorney should maintain a copy of all advertisements pursuant to DR 2-101(D). Arizona State Bar
Committee on Rules and Professional Conduct, Op. 84-13. “The Talking Yellow Pages should also
maintain a copy of the listing that could serve as an independent verification.” Id.
There are many constitutional issues involved in your request which we are not authorized to
address.

Op. 88-27 3
In conclusion, it is our opinion and you are so advised that an attorney may ethically subscribe to
the Talking Yellow Pages.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Professional Responsibility.