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RICHMOND COUNTY BAR ASSOCIATION
COMMITTEE ON PROFESSIONAL ETHICS
OPINION # 17
November 2, 1995
UNOFFICIAL
Anthony Barone, Esq.
President, Richmond County Bar Association
43 New Dorp Plaza
Staten Island, New York 10306
Dear Mr. Barone:
At your request, I have reviewed the letter of Kurt T. Richards of Jacoby and Meyers. It appears to be a direct mail solicitation.
As you know, targeted direct mailings cannot be the subject of a blanket prohibition under Shapero v Kentucky Ear Association, a decision of the United States Supreme Court. However, such mailing must still comport with DR 2-101.
I have reviewed those Disciplinary Rules, as well as the formal ethics opinions of the New York State Bar Association and I do not perceive any apparent ethical violations. There are no statements in the letter which could reasonably be construed as “false, deceptive, misleading, or cast reflection on the legal profession as a whole.” It contains no “puffery, self- laudation, claims regarding the quality of the lawyers legal services, or claims that cannot be measured or verified.”
There is no indication that the lawyers in question actually charge more than that stated in the letter, and in fact, a statement of fixed fee for specified legal services is specifically permitted by the rules.
I hope this has been fully responsive to your inquiry.
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Very truly yours,
Wayne M. Ozzi
Chairman, Professional
Ethics Committee |
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