105 N.J.L.J. 362
April 24, 1980
OPINION 453
Attorneys' Listing Financial
Specialties in Telephone Book
An attorney asks whether it is permissible to advertise in the
classified (yellow) pages of the forthcoming New Jersey Bell
Telephone directories, under his name, the designation Counselor At
Law:
"Members N.J. Society CPA's and American Association
Attorney CPA's
Federal & State Taxes
Estate planning
Financial
Wills & Trusts
Administration of Estates
Corporations."
This Committee does not purport to approve advertising. Our
Supreme Court amended the Disciplinary Rules as of April 1, 1979
with respect to Publicity and Advertising. See DR 2-101, 102 in
particular; but also see DR 2-103, 105. However, because many
members of the bar may be unfamiliar with these new rules, we did
pass upon the question whether it was permissible to designate on
a lawyer's letterhead that he is also a C.P.A. We held that he
could not do so and cited, inter alia, DR 2-102(D), which reads as
follows:
A Lawyer who is engaged both in the practice of law
and another profession or business shall not so indicate
on his letterhead, office sign, or professional card nor
shall he identify himself as a lawyer in any publication
in connection with his other profession or business. See
our Opinion 447, 105 N.J.L.J. 119 (1980).
In the present inquiry, all references in the proposed advertising
to C.P.A. Membership are prohibited by that rule and Opinion 447."
We are also troubled by the designation "Financial". What does
it mean? It could be interpreted variously to mean "investment
adviser," "money lender," "mortgage broker," "debt consolidator,"
and many other things. Regardless of the meaning attached to the
word, it clearly does not fall into any category identified with
the practice of law, and is misleading and ambiguous. We,
therefore, hold that the designation, standing alone, should not
appear in any advertising. It could easily be considered to be
misleading or deceptive and something which might reasonably be
expected to induce reliance by a member of the public within the
purview of DR 2-101(A), and (B)(2) and (3). It is therefore
prohibited.