Ethics Opinon 1975-6

April 1975

SUBJECT: LISTING OF NAME AND PHONE NUMBER ON BROCHURE FOR PREPAID GROUP LEGAL PLAN

I
QUESTION PRESENTED

May an attorney list his office phone number on a brochure advertising "Legal and Attorney Benefits" for a prepaid group legal plan adopted pursuant to Rule 2-104(D) of the State Bar of California?

II
SUMMARY

No. A group legal plan brochure may contain details about the provisions of the legal services arrangement, but may not list the attorney's name, address, etc., or other publicity. When group members want to find out the attorney's name they must call the group office, officers or an answering service set up by the group. (2-104(D)(2)(d)).

III
ANALYSIS

Usage of phone numbers or names is tantamount to unethical advertising or publicity not sanctioned by the provisions of professional conduct.

In this case this Committee suggests further investigation by the State Bar Association into the following areas of this inquiry:

(a) Who passed this brochure out and at whose request?

(b) Was the brochure passed out with the permission of the school system?

This opinion is advisory only. It is not binding upon the State Bar, the Board of Governors, its agents or employees.

EDITOR'S NOTE: The State Bar has issued proposed changes to the Rules of Professional Conduct involving advertising. If the amendments are approved by the Supreme Court, the conclusion of this opinion may be superseded.

 

Disclaimer: This opinion was issued by the Legal Ethics Committee of the San Diego County Bar Association. It is advisory only and is not binding upon any member of the SDCBA, any other member of the State Bar of California, the State Bar of California or its Board of Governors, or any persons or tribunals charged with regulatory responsibilities. The SDCBA, its officers, directors, agents, and the Legal Ethics Committee members assume no responsibility or liability in rendering this opinion.