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RICHMOND COUNTY BAR ASSOCIATION
COMMITTEE ON PROFESSIONAL ETHICS
OPINION # 3
Dear Mr. Pinzolo:
You have asked this Committee for an opinion regarding two proposed newspaper advertisements you plan to use.
They are identical, except that one indicates you have “over 22 years experience in Surrogate s matters,” and
the other indicates you were “employed as an attorney in the Surrogate s Court, Staten Island, New York for 22 years.”
Disciplinary Rule 2-101(c) specifically permits the dissemination of information as to the lawyer s public officers,
among other things, so long as it is not false, deceptive, or misleading, nor contains puffery, self-laudation,
claims regarding the quality of the services, or unverifiable claims.
The assertion that you have over 22 years experience in Surrogate s matters might be construed by the ordinary reader
that your experiences comes from representing clients in Surrogate s Court matters during that time.
As a result of that ambiguity, it can be argued that the advertisement is misleading to that extent.
The other advertisement appears more factual and nothing in the Disciplinary Rules appears violated by its language,
and there appears to be no ethical restrictions upon it.
Pursuant to Article VI, Section 19 of the R.C.B.A. By-Laws, please be advised that the statements contained
herein express the opinion of the Committee alone, and have not been passed upon by the Association.
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Wayne M. Ozzi
Chairman, Professional
Ethics Committee |
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