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RICHMOND COUNTY BAR ASSOCIATION
COMMITTEE ON PROFESSIONAL ETHICS
OPINION # 30
April 25, 2002
William J. Frew, Esq.
791 Jewett Avenue
Staten sland, NY 10314
Dear Mr. Frew:
I am in receipt of your fax relating to the recent Staten Island Advance advertisement of
Kevin S. McAlister, Esq.
The advertisement states, in part, “Real Estate Closing — Buy or Sell — - $750 — offer expires May 31, 2002” and. is surrounded by dashed lines in the style of a coupon, although it is not stated. to be such. Because the language of the advertisement indicates an expiration date, the clear implication is that the lawyer s customary fees go back into effect June 1, 2002.
I am enclosing a copy of Opinion No. 563 of the New York State Bar Association Committee on Professional Ethics, which addresses the question of the advertisement of discounted fees.
It appears from that opinion that it is not per se improper to offer. discounted fees m advertisements such as the one presented.. However, certain concerns are raised by the nature of the advertisement in question.
First, the opinion states that the attorney s “customary fees”, from which a discount is offered, must be “reasonably ascertainable.” Consequently, some questions arise here as to what Mr. McAlister s customary fees are for a real estate closing. .If he normally charges $750 for that service, then the discount implied by the advertisement (i.e. “offer expires May 31, 2002”) would be misleading.
Further, and perhaps more to the point, the opinion states that if a discounted fee is advertised, the “full customary fee which is being discounted. must also be stated so that the offer of discounted fees will be intelligible and not misleading” The advertisement at issue fails to state the lawyer s customary fee.
The lawyer must also have available to the public a written statement clearly describing the scope of the advertised service (DR 2-101 (E)). Again, whether such statement is available cannot be ascertained from the face of the advertisement.
Any advertisements which are misleading necessarily run afoul of DR 2-1.01(A).
I hope this has been. responsive to your inquiry.
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Very truly yours,
Wayne M. Ozzi
Chairman, Professional
Ethics Committee |
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