Ohio Board Advisory Opinion Op 92-020

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 92-20
Issued December 4, 1992
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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, DR 2-101(H)(1), eff. Nov. 1, 1995.]
SYLLABUS: A law firm may mail a newsletter to an untargeted broad group of people--clients,
friends, local businesses, and professional and governmental offices without including a 10 point
red ink recital "Advertisement Only" in the text of the newsletter and on the envelope. However, if
a newsletter is sent to a targeted person or groups of persons--those who maybe in need of specific
legal services by reason of a circumstance, condition or occurrence that is known or, upon
reasonable inquiry, could be known to the soliciting lawyer or law firm, effective January 1, 1993,
it must comply with Disciplinary Rule 2-101(F) (2) and include a 10 point red ink recital
"Advertisement Only" in the text of the newsletter and on the envelope.
A newsletter may contain information on legal and non-legal topics as well as biographical
information regarding the law firm, its lawyers, and its non-lawyer staff. However, the content of a
newsletter must meet the requirements of Disciplinary Rules 2-101, 2-103, 2-104, and 2-105.
A lawyer or law firm may send a cover letter along with the first newsletters provided that the letter
complies with Disciplinary Rules 2-101, 2-103, 2-104, and 2-105.
OPINION: This opinion addresses questions regarding newsletters.
1. Is it proper for a law firm to mail a newsletter to clients, friends, local businesses,
and professional and governmental offices without including a 10 point red ink
recital "Advertisement Only" in the text of the newsletter and on the envelope?
2. What content may be included in a newsletter?
3. Is it proper for a lawyer to mail a personalized cover letter along with the first
newsletter, briefly describing the newsletter and its purpose and asking the recipient
to contact the firm if the recipient has questions concerning a topic addressed in the
newsletter or any other legal matter?

Op. 92-20 2
General
Newsletters are a form of publicity and are therefore governed by Disciplinary Rule 2-101 of
Ohio's Code of Professional Responsibility. Disciplinary Rule 2-101 was recently amended
effective January 1, 1993. This opinion will interpret the amended rule. For a review of past
opinions under former Disciplinary Rule 2-101 see Ohio SupCt Bd of Comm’rs on Grievances and
Discipline, Op. 83-022 (1988) (may send newsletters to non-clients provided that the newsletters do
not contain any false, fraudulent, misleading or deceptive statements or claims) and Op. 88-001
(1988) (may send 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).
Question 1
A newsletter is written communication that is both informational and promotional. Disciplinary
Rule 2-101 (B) (1) permits advertisement of services through written communication.
DR 2-101 (B) Subject to the limitations contained in these rules: (1) A lawyer or
law firm may advertise services through newspapers, periodicals, trade journals,
"shoppers," and similar print media, outdoor advertising, radio and television, and
written communication.
Disciplinary Rule 2-101 (B) (3) allows brochures or pamphlets containing biographical and
informational data to be disseminated directly to clients, members of the bar, or others.
DR 2-101 (B) Subject to the limitations contained in these rules: (3) Brochures or
pamphlets containing biographical and informational data that is acceptable under
these rules may be disseminated directly to clients, members of the bar, or others.
Thus, under Disciplinary Rule 2-101 (B) (1) and (3) it would be proper to disseminate a written
newsletter containing biographical and informational data to clients and non-clients, subject to any
limitations contained within Disciplinary Rule 2-101. The Board has been asked to consider
whether the limitations in Disciplinary Rule 2-101 (F) (2) as to direct mail solicitation apply to a
law firm's newsletter mailed to clients, friends, local businesses, and professional and governmental
offices.
DR 2-101 (F) (2) A lawyer or law firm may engage in written solicitation by direct
mail addressed to persons or groups of persons who may be in need of specific legal
service by reason of a circumstance, condition of occurrence that is known or, upon
reasonable inquiry, could be known to the soliciting lawyer or law firm, provided
the letter of solicitation:

Op. 92-20 3
(a) Discloses accurately and fully the manner in which the lawyer or law firm
became aware of and verified the identity and specific legal need of the addressee;
(b) Disclaims any prior acquaintance or contact with the addressee and avoids any
personalization in approach unless the facts are otherwise;
(c) Disclaims or refrains from expressing any predetermined evaluation of the
merits of the addressee's case;
(d) Conforms to standards required by these rules with respect to information
acceptable for inclusion in media advertising by lawyers and law firms;
(e) Includes in its text and on the envelope in which mailed, in red ink and in type
no smaller than 10 point, the recital--"Advertisement Only."
Disciplinary Rule 2-101 (F) (2) allows the free flow of information regarding legal services, but
places conditions upon communications with susceptible persons. The language of the rule limits
its scope to direct mail addressed to targeted persons or groups of persons--those who may be in
need of specific legal services by reason of a circumstance, condition of occurrence that is known
or, upon reasonable inquiry, could be known to the soliciting lawyer or law firm. For a discussion
of constitutional issues as to targeted direct mailing see Shapero v. Kentucky Bar Ass'n, 486 U.S.
466 (1988).
The proposed mailing is to an untargeted broad group of people who would have a general interest
in receiving the information--clients, friends, local businesses, and professional and governmental
offices. Although the broad group of people could include persons in need of legal services, it is
not a targeted group as described within the rule--a group who may be in need of specific legal
service by reason of a circumstance, condition or occurrence that is known or, upon reasonable
inquiry, could be known to the soliciting lawyer or law firm.
Based on the specific language of the rule, this Board concludes that the restrictions within
Disciplinary Rule 2-101 (F) (2) do not apply to a law firm's newsletter to an untargeted broad group
of people--clients, friends, local businesses, and professional and governmental offices. Therefore,
this Board advises that a law firm may mail a newsletter to an untargeted broad group of people--
clients, friends, local businesses, and professional and governmental offices without including a 10
point red ink recital "Advertisement Only" in the text of the newsletter and on the

Op. 92-20 4
envelope. However, if a newsletter is sent to a targeted person or groups of persons--those who
may be in need of specific legal service by reason of a circumstance, condition, or occurrence that
is known or, upon reasonable inquiry, could be known to the soliciting lawyer or law firm, effective
January 1, 1993 it must comply with Disciplinary Rule 2-102 (F) (2) and include a 10 point red ink
recital "Advertisement Only" in the text of the newsletter and on the envelope.
Question 2
The Board declines to set forth an inclusive list of what information a newsletter may contain. Nor,
will the Board attempt to offer its preapproval of the contents of a newsletter. The rules governing
the practice of law in Ohio do not authorize a procedure for preapproval of legal advertisements.
Each lawyer or law firm must make the determination of what is proper through application of the
disciplinary rules and case law.
Generally speaking, a newsletter may contain information on legal and non-legal topics as well as
biographical information regarding the law firm, its lawyers, and its non-lawyer staff. The content
of a newsletter must meet the requirements of Disciplinary Rule 2-101 (A), (C), (D), and (E).
DR 2-101 (A) A lawyer shall not, on his or her own behalf or that of a partner,
associate, or other lawyer affiliated with the lawyer or the lawyer's firm, use, or
participate in the use of, any form of public communication, including direct mail
solicitation that:
(1) Contains any false, fraudulent, misleading, deceptive, self-
laudatory, or unfair statement;
(2) Seeks employment in connection with matters in which the
lawyer or law firm does not intend to actively participate in the
presentation, but that the lawyer or law firm intends to refer to other
counsel, except that this provision shall not apply to organizations
defined in DR 2-103 (D) (1);
(3) Contains any testimonial of past or present clients pertaining to
the lawyer's capability;
(4) Contains any claim that is not verifiable;
(5) Contains characterizations of rates or fees chargeable by the
lawyer or law firm, such as "cut-rate,” “lowest,” “giveaway,” “below
cost,” “discount,” and “special;” however, use of characterizations of
rates or fees such as “reasonable” and “moderate” is acceptable.

Op. 92-20 5
Disciplinary Rule 2-101(C) defines false or misleading communication. Disciplinary Rule 2-
101(D) establishes a list of information regarding lawyers and law firms that will be presumed to be
informational. Disciplinary Rule 2-102 (E) (1) and (2) set forth rules as to fee information. The
content of a newsletter must also comply with Disciplinary Rule 2-103 regarding recommendation
of professional employment, Disciplinary Rule 2-104 regarding suggestion of need of legal
services, and Disciplinary Rule 2-105 regarding limitations of practice.
In conclusion, this Board advises that a newsletter may contain information on legal and non-legal
topics as well as biographical information regarding the law firm, its lawyers, and its non-lawyer
staff. However, the content of a newsletter must meet the requirements of Disciplinary Rule 2-101,
2-103, 2-104, and 2-105.
Question 3
A letter is a form of written communication. The Board advises that there is nothing within the
rules that would prohibit a lawyer or law firm from sending a personalized cover letter along with
the first newsletter, provided that the letter complies with Disciplinary Rule 2-101, 2-103, 2-104,
and 2-105. Within the personalized cover letter, the lawyer could briefly describe the newsletter
and its purpose and ask the recipient to contact the firm if the recipient had questions concerning a
topic addressed in the newsletter or any other legal matters. If the letter is directed to a person or
groups of persons who may be in need of specific legal service by reason of a circumstance,
condition, or occurrence that is known or, upon reasonable inquiry, could be known to the soliciting
lawyer or law firm, the restrictions on direct mail solicitation within Disciplinary Rule 2-101 (F) (2)
would apply.
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.