87-04: Communications; Lawyer's Services; Fields of Practice

2/1987

Law firm's mere factual statement of new associate's background does not imply ability to achieve legal results.

FACTS

The inquiring law firm proposes to circulate an announcement of the association of a new associate attorney, and wishes the announcement to reflect that the new attorney was formerly a clinical nurse research investigator in the School of Medicine at the University of Washington. The inquiring law firm primarily engages in personal injury and other litigation practice. A copy of the proposed announcement is appended as Exhibit A.

QUESTION

The inquiring law firm wishes to know whether the inclusion of the new associate’s non-legal background in nursing in the announcement is ethically permissible.

ETHICAL RULES INVOLVED

ER 7.1. Communications Concerning a Lawyer's Services

ER 7.4. Communication of Fields of Practice

OPINION

ER 7.4 provides that a lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is considered misleading if it is likely to create an unjustified expectation about the results the lawyer can achieve. In this case, the mere factual statement of the new associate’s prior background does not imply the ability to achieve legal results, but merely connotes substantive medical background which might otherwise not be known to another attorney. We do not find such a statement materially false or misleading.

ER 7.4 places restrictions upon the types of communications which can be made concerning an attorney’s area of expertise. A lawyer is restricted in designating areas in which the lawyer is a specialist. As written, the announcement does not imply that the new associate is a specialist in any particular area.

Based upon the relevant Ethical Rules, we are of the opinion that the proposed announcement of association involves no ethical impropriety.

__________________________________________________________________

EXHIBIT A
__________________________________________________________________

(Name of Law Firm)

is pleased to announce to members

of the Bar that

(Name of New Associate)

(formerly a Clinical Nurse Research Investigator

in the School of Medicine, University of Washington)

has been admitted to the State Bar of Arizona

and has become an Associate with the firm.

The firm continues to emphasize its practice

and its willingness to associate with other counsel

Personal Injury

Wrongful Death

Medical Malpractice

Product Liability

Litigation

Formal opinions of the Committee on the Rules of Professional Conduct are advisory in nature only and are not binding in any disciplinary or other legal proceeding. This opinion is based on the Ethical Rules in effect on the date the opinion was published. If the rules change, a different conclusion may be appropriate.