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RICHMOND COUNTY BAR ASSOCIATION
COMMITTEE ON PROFESSIONAL ETHICS
OPINION # 16
August 23, 1995
UNOFFICIAL
Anthony P. Barone, Esq.
President, R. C. B. A.
43 New Dorp Plaza
Staten Island, New York 10306
RE: Letter of Hanna & Vlahakis
With regard to the letter of Hanna & Vlahakis, Esqs. addressed to George Wonica, it is settled that direct mail solicitation cannot be prohibited. However, there can be reasonable restrictions on the right to solicit by mail, and DR 2-101(B), on publicity and advertising, provides that
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“Advertising or other publicity by lawyers, including participation in public functions, shall not contain puffery, self—laudation, claims regarding the quality of the lawyers legal services, or claims that cannot be measured or verified.”
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By asserting that they offer “high quality services”, the authors of the letter appear to violate the rule on its face, since it prohibits claims regarding the quality of the lawyers legal services.
The inclusion of the lawyers fee for a closing is permitted by subd.(C)(4) of DR 2—101. However, under subd.(E), any lawyer
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“advertising any fixed fee for specified legal services shall, at the time of fee publication, have available to the public a written statement clearly describing the scope of each advertised service, which statement shall be delivered to the client at the time of retainer for any such service. Such legal services shall include all those services which are recognized as reasonable and necessary under local custom in the area of practice in the community where the services are performed.”
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I am unaware as to whether the law firm in question has such a written statement available to the public; nor am I aware as to whether the legal services they provide include all those that are reasonable and necessary under local practice. Nonetheless, they are required to comply with same.
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Very truly yours,
Wayne M. Ozzi
Chairman, Professional
Ethics Committee |
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