BAR ASSOCIATION OF NASSAU COUNTY
COMMITTEE ON PROFESSIONAL ETHICS

Opinion No. 1991-4

(Inquiry No. 289 )

Re:
Advertising fact of being former judge.

Digest:
A former judge may include that fact in advertisements.

Code Provisions:
DR 2-101 (C) (1)
EC 2-10

Inquiry:
May an attorney who is a former Judge, include that fact in advertisements in newspapers, magazines, and telephone directories?

Analysis:
Under DR 2-101(C) (1) of the Code of Professional Responsibility, advertisements may include information as to public offices held, so long as the’information is not false, deceptive, or misleading. Accordingly, a lawyer can include a former judicial position in an advertisement determination. Counsel’s attention is called also to the following language of EC 2-10:

In disclosing information, by advertisement or otherwise, relating to a lawyer’s education, experience or professional qualifications, special care should be taken to avoid the use of any statement or claim which is false, fraudulent, misleading, deceptive or unfair, or which is violative of any statute or rule of court.

Accordingly, with the reservations noted, the inquiry is answered in the affirmative.

[Approved by Executive Subcommittee February 5, 1991; approved by Full Committee February 28, 1991]