Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-85

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-85

Advertising-Solicitation: Attorney’s Ability to Advertise That He Is Board Certified


You indicate that you are the Executive Director of an organization that certifies attorneys as being specialized in either civil or criminal advocacy. You would like ti know whether the Maryland Rules of Professional Conduct pose any restrictions concerning an attorney's publicly stating that your organization has certified him.

On at least two prior occasions, the Committee has dealt with the issue of whether or not an attorney can designate areas of practice or advertise that he is a specialist in a particular areas.

Effective January 1, 1987, the Court of Appeals of Maryland adopted new Rules of Professional Conduct. Rule 7.1 states:

""A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services.
A communication is false or misleading if it:

(a) Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) 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 Rules of Professional Conduct or other law; or

(c) Compares the lawyer's services with other lawyers' services, unless the comparison can be factually substantiated.""

Rule 7.4 states:

""A lawyer may communicated the fact that the lawyer does or does not practice in particular fields of law, subject to the requirements of Rule 7.1.""

Assuming compliance with Rule 7.1 and 7.4, the Committee finds no prohibition against attorney indicating that he has been certified by your organization.

References: Ethics Dockets 1980-10 and 1985-5


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.