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Editor: Ben W. Glass
Profession: Attorney at Law

Category: Ethics and Regulation

At least in North Carolina, according to a proposed legal ethics opinion. The proposed opinion, below, is clearly violative of First Amendment protections because it prohibits an activity based on a perceived risk (of in person solicitation).

Ummm, the ND Bar doesn't want you to give out multiple copies of a business card or brochure because somebody might have the temerity to recommend you. (and the opinion seems to say that you can't ask someone to recommend you, at all!)

Ok, this is a joke, right, North Carolina? Have any of your ever run a business.

If you take this (il)logic you might as well ban advertising in the Yellow Pages (same info as a business card, right?), TV and billboards because someone just might recommend you.

Here' the proposed opinion.

NC State Bar Ethics Opinion:
Inquiry:
If a client, non-client, fellow attorney, or allied professional requests one or more business cards or firm brochures from the estate-planning attorney, may the estate-planning attorney oblige the request?

Opinion:

The attorney may give a third party one of his business cards or one brochure in response to a request. The attorney may not give the third party multiple cards or brochures because of the risk of in-person solicitation by the third party on the attorney's behalf.

Inquiry:

Along with a thank-you letter from the attorney to a client for the client's having allowed the attorney to provide services to that client, may the attorney include a business card and/or firm brochure with the suggestion that the client, if so willing, pass it along to someone who the client thinks might need similar services?

Opinion:

No, because of the risk of in-person solicitation by the third party on the attorney's behalf.