Advisory Opinion 22
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State Disciplinary Board
Advisory Opinion No. 22
March 31, 1978
Amended by the Formal Advisory Opinion Board
January 14, 1993
Ethical propriety of a lawyer communicating to other lawyers his or her availability to act as a consultant in particular areas of the law.
The question presented is whether it is unethical for a lawyer to communicate to other lawyers his or her availability to act as a consultant in a particular area of the law without running afoul of the requirements of Standard 6 and the provisions set forth in EC 2-6, 2-7, and 2-8, Section of a Lawyer: Professional Notices and Listings.
The policy considerations upon which Standard 6 and the other advertising and solicitation rules are based are the result of a concern that the public should be protected from misrepresentation, fraud, intimidation , undue influence, and overreaching in the selection of a lawyer. These concerns would not be applicable to a lawyer communicating with another lawyer.
An attorney making contact with other members of the profession for the purpose of advising his or her availability to act as a consultant in a particular area of the law is not in anyway relieved from making certain that all representations are both accurate and not in anyway misleading. Such communication is not in violation of Standard 6.
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