Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion: 03/08/2000
Opinion Number: 99-10
Title: NEWSPAPER BIOS
Opinion: As chairman of the local county Grievance Commission you request an opinion concerning the propriety of participation by your county lawyers in a newspaper-proposed series of biographies of lawyers and law firms in the county.
You state:
“The newspaper would like to publish a column entitled ‘Barrister’s Bios’ in the form which is attached hereto with the letter from the editor to me.”
That letter includes a proposed format of the publication which is to reveal the background and interests of the various firms. It is sought by the newspaper and not by the lawyers or the Bar Association.
Such publication, initiated by the newspaper and not by the lawyer or law firm, has been considered in Formal Opinion 89-27 (1989). This opinion expresses the general rules governing such publications. Newspapers are entitled to publish any matter in the public domain.
As long as the lawyer does not pay compensation or give anything of value in exchange for publishing such information, the lawyer or the law firm may respond to questions on any subject by the newspaper not restricted by the Iowa Code of Professional Responsibility for Lawyers. Restricted matters would include such things as clients’ names, unless authorized in writing by the client, confidential communications, etc.
If, on the other hand, the lawyer or law firm were to pay for space in the newspaper or seek advertising related to the biographical sketches it would be in violation of DR 2-103(A) of the Code.
Therefore, if such a procedure were to be conducted in accordance with Formal Opinion 89-27 and this opinion, it is the determination of the Board that it would not be improper for Iowa lawyers to participate therein.
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