Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion: 02/13/1992
Opinion Number: 91-26
Title: The Best Lawyers in America:
Opinion: Your county bar association has requested an opinion concerning the propriety of the publication of the names of Iowa lawyers in a directory known as "The Best Lawyers in America." You ask four questions:
"1. Is it appropriate for an attorney to participate in a survey knowing that the result of the survey will be a compilation of names in a public communication entitled The Best Lawyers in America?
2. Is there a violation of DR 2-101, regarding self-laudatory statements or statements regarding the quality of the lawyer’s services?
3. If an attorney sees that his name has been published in a book and/or newspaper article as one of "The Best Lawyers in America," does that attorney have an obligation to take affirmative steps to have his name removed from the list?
4. Is there any violation of DR 2-105, regarding designation of specialties?"
The answer to question 2 really governs the answers to the remaining questions. It will be addressed first.
References to ECs and DRs are to the Iowa Code of Professional Responsibility for Lawyers.
Question 2. DR 2-101(A) provides in part, as follows:
"(A) Advertising in General. A lawyer shall not, on the lawyer’s own behalf, or that of a partner, associate, or any other lawyer affiliated with the lawyer or the lawyer’s firm, use, or participate in the use of, any form of public communication which contains any false, fraudulent, misleading, deceptive, self-laudatory, or unfair statement, which contains any statement or claim relating to the quality of the lawyer’s legal services, which appeals to the emotions, prejudices, likes, or dislikes of a person, or which contains any claim that is not verifiable.’ (emphasis added) .
The committee has found reference to a few "Best" professional firms listed in a "Preferred Business Guide" publication to be in violation of the foregoing DR 2-101(A). & e Formal Opinion 90-3, July 9, 1990.
The committee is of the opinion that this publication "The Best Lawyers in America" does not fall within subparagraph (9) of "Definitions" of the the Iowa Code of Professional Responsibility for Lawyers and is not within the exception provided in the last paragraph of DR 2-101(C).
It is the opinion of the committee that it would be improper for an Iowa lawyer to take part in preparing copy for future publication or to condone continuing past publication in "The Best Lawyers in America," because of its being in violation of DR 2-101(A), above cited.
Question 1. It is the opinion of the committee that inasmuch as publication in "The Best Lawyers in America" is improper, participation in the survey would be improper.
Question 3. Lawyers have the responsibility to insist upon compliance with the Iowa Code of Professional Responsibility for Lawyers in connection with presentation of their identity in any publication. If such compliance is not forthcoming Iowa lawyers should request that their name be withdrawn and affirmatively request not to be included in future non-complying publications.
Question 4. Because this publication is not within the exception in DR 2-101(C), it is subject to the limitations and requirements of DR 2-101 and DR 2-105. Any participation in this directory without compliance therewith, including required disclaimers would be improper, even if it were not improper under DR 2-101(A).
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