Legal Ethics Opinion #1406
    
      Advertising; Specialties.
      
      You have presented a hypothetical situation in which a law
    firm lists various attorneys' names to perform certain legal
    services.
    
      You have asked the Committee to opine whether it is ethical
    for a law firm to list attorneys as eligible for performing
    distinct legal services when they do not possess the requisite
    legal knowledge to provide representation in the listed area.
    Your hypothetical contains neither the method of notification,
    i.e., letterhead, etc., nor the list of specialties.
    
      The appropriate and controlling disciplinary rules related
    to your inquiry are  DR 2-101(A),  DR 2-102(A),  DR 2-104(B),
    and  DR 6-101(A) (1).
    
      Disciplinary Rule 2-101(A) provides that a lawyer shall not,
    on behalf of himself or any other lawyer affiliated with him
    or his firm, use or participate in the use of any form of
    public communication if such public communication contains a
    false, fraudulent, misleading, or deceptive statement or
    claim. Disciplinary Rule 2-102(A) states that a lawyer or law
    firm may use or participate in the use of a professional card,
    professional announcement card, office sign, letterheads,
    telephone directory listing, law list, legal directory
    listing, or similar professional notice or device unless it
    includes a statement or claim that is fraudulent, misleading
    or deceptive.
    
      Disciplinary Rule 2-104(B) says that a lawyer may state,
    announce or hold himself out as limiting his practice to a
    particular area or field of law so long as the communication
    of such limitation of practice is in accordance with the
    standards of  DR 2-101,  DR 2-102, or  DR 2-103, as
    appropriate. Under Disciplinary Rule 6-101(A) (1), a lawyer
    shall undertake representation only in matters in which the
    lawyer can act with competence and demonstrate the specific
    legal knowledge, skill, efficiency, and thoroughness in
    preparation employed in acceptable practice by lawyers
    undertaking similar matters.
    
      The Committee has previously opined that it is not per se
    unethical for a law firm to state, in its advertisement, that
    it has professional experience and expertise in the defense of
    juveniles, provided that the claims in that advertisement are
    not misleading or false. The Committee has urged attorneys to
    review Ethical Consideration 2-16 when preparing
    advertisements. (See LE Op. 979 see also LE Op. 1231 
    
      The Committee is of the opinion that an advertisement such
    as you describe, which lists various attorneys' names to
    perform certain legal services when those attorneys do not
    practice in the limited areas as advertised, would contain
    false, fraudulent, misleading, or deceptive statements, in
    violation of  DR 2-101(A),  DR 2-102(A), and  DR 2-104(B). 
    
      The Committee also has concerns that clients of the law firm
    may not be represented by competent legal counsel, in
    violation of  DR 6-101(A) (1), since it appears that the
    attorneys listed do not possess the legal knowledge required
    for practice in the areas enumerated in its advertising.
    
      Therefore, the Committee opines that, under the facts you
    have provided, a listing such as you have described may also
    be violative of  DR 6-101(A) (1), since it appears that the
    firm's attorneys do not possess the requisite legal knowledge
    for practice in the areas listed.
    
      Committee Opinion
      March 12, 1991
    
     CROSS REFERENCES
    
     See also LE Op. 1425