Ohio Board Advisory Opinion Op 88-004

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 88-4
Issued: April 25, 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[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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 2-105, eff. Jan. 1.
1993.]
SYLLABUS: A lawyer may ethically be listed in a legal directory or law list provided the listing
does not contain a false, fraudulent, misleading, or deceptive statement or claim. With the
exception of patent, trademark and admiralty lawyers, a lawyer shall not hold himself out publicly
as a specialist. A lawyer may state that his practice consists in large part or is limited to a field or
fields of law but may not claim or imply special competence or experience in a field of law through
use of the term “specialize” or otherwise.
OPINION: We have before us two separate requests for advisory opinions which relate to law lists
or legal directories. The first request concerns the inclusion of a legal directory in a domestic
relations book published for use by non-lawyers. The legal directory will list attorneys by cities
and include their address and telephone number, but will not represent that the attorneys are
specialists in domestic relations law. The listed attorneys will be billed directly by the publisher at
a flat rate for the listing.
The second request concerns an attorney who inquires whether submitting his name and
eventually being listed in a national referral directory, which lists law firms by specialties, is a
violation of the Code of Professional Responsibility.
Until 1977 there was a specific provision in the Code which related to law lists. Code of
Professional Responsibility DR 2-102(A)(6) (1969). The Code “originally regulated lawyer
advertising in law lists by limiting its approval by a special committee of the ABA.” Wolfram,
Modern Legal Ethics 775 (1986). Any reference to law lists was deleted from the Code under the
threat of antitrust suits. Id. Law lists or legal directories are now treated as another form of lawyer
advertising. Id.

Op. 88-4 2
Regarding law lists in general, it is our opinion that they are a legitimate form of advertising
and therefore subject to DR 2-101. A lawyer may publish information in written or printed
material distributed to consumers through the mail or otherwise. Code of Professional
Responsibility DR 2-101(B). However, a lawyer shall not participate in the use of any form of
communication containing a false, fraudulent, misleading, or deceptive statement or claim. Code of
Professional Responsibility DR 2-101(A).
Based upon these provisions, a lawyer may ethically be listed in a legal directory or law list
provided the listing does not contain any false, fraudulent, misleading, or deceptive statement or
claim. The Code states that a communication is false or misleading if it:
1. [c]ontains a material misrepresentation of fact or law, or omits a fact necessary to
make the statement considered as a whole not materially misleading;
2. [i]s 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
3. [i]s 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 2-1O1(C).
Therefore, a lawyer may ethically be listed in a legal directory or law list as long as he or
she complies with the limitations set forth above and in the Code. A lawyer may not, however,
allow his or her name to be included in a law list which states or implies that the listed lawyers are
specialists. Under DR 2-105 a lawyer shall not hold himself out publicly as a specialist with the
exception of patent, trademark and admiralty lawyers. A lawyer may however, state that his or her
practice consists in large part or is limited to a field or fields of law. “A lawyer may not claim or
imply special competence or experience in a field or fields of law through use of the term
“specialize” or otherwise.” Code of Professional Responsibility DR 2-105(A)(5).

Op. 88-4 3
In conclusion, it is our opinion, and you are so advised that a law list is a form of
advertising that a lawyer may participate in, provided he or she complies with the limitations on
advertising that appear in DR 2-101. A lawyer may not claim or imply special competence or
experience in afield of law through use of the term “specialize” or otherwise.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Professional Responsibility.