86 N.J.L.J. 734
December 26, 1963
OPINION 21
Advertising
Inquiry is made as to whether an attorney who is desirous of
building up a practice dealing with appellate work only may
properly mail to members of the bar announcements of this fact and
place such an announcement in the New Jersey Law Journal.
Advertising, direct or indirect, is proscribed by Canons of
Professional Ethics, Canon 27, except as therein permitted.
Canon 46 provides as follows:
Where a lawyer is engaged in rendering a
specialized legal service directly and only to
other lawyers, a brief, dignified notice of
that fact, couched in language indicating that
it is addressed to lawyers, inserted in legal
periodicals and like publications when it will
afford convenient and beneficial information
to lawyers desiring to obtaining such service,
is not improper.
As a general proposition, any type of advertising by a lawyer
is prohibited. Canon 46 was designed, however, to permit lawyers
rendering a specialized legal service to lawyers only to
communicate that fact to other lawyers. The method of communication
is also provided for in Canon 46. Since Canon 46 is a departure
from the rigid standards of conduct set forth in Canon 27, its
provisions should be strictly construed. See Drinker, Legal Ethics
215 et seq. (1953); A.B.A. Comm. on Professional Ethics, Opinion 20
(1940); N.J. Advisory Committee on Professional Ethics, Opinion 10,
86 N.J.L.J. 719 (1963).
Viewed in this light, it is the opinion of the Committee that
the attorney may place an announcement in the New Jersey Law
Journal limited as prescribed in Canon 46, but may not send
announcements to other lawyers.