Op 88-001•Ohio Board Advisory Opinion Op 88-001
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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 88-001 Issued: February 12, 1988 [CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]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 an Aug. 16, 1993, See Op. 92-20.] SYLLABUS: A law firm may ethically send out newsletters to established clients on general points of law as long as such newsletters do not contain false, fraudulent, misleading or deceptive statements or claims. OPINION: We have before us a request for an informal advisory opinion on whether a law firm may periodically send out newsletters to established clients on general points of law. The request letter states that the newsletters would emphasize that they are not to be construed as either legal advice or detailed expostulations of the law. It is our opinion that such newsletters are not prohibited under the Code of Professional Responsibility. There are however, limitations on the type of communication a lawyer may use. These limitations are found in DR 2-101(A) which states: “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.” A communication is considered 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 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
Op. 88-001 2 (3) is subjectively self-laudatory, or compares a lawyer's services with other lawyers' services, unless the comparison can be factually substantiated. Code of Professional Responsibility DR 2-101(C). In conclusion, it is our opinion and you are so advised that, as long as the contents of the newsletter are not considered false or misleading, as defined above, it is ethically permissible to send such a newsletter to established clients. 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.
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