Cba Ethics Opinion No. 74: Lawyer Newsletters
| Publication year | 1986 |
| Pages | 1841 |
| Citation | Vol. 15 No. 10 Pg. 1841 |
1986, October, Pg. 1841. CBA Ethics Opinion No. 74: Lawyer Newsletters
The Colorado Bar Association Ethics Committee ("Committee") is aware that a number of lawyers in Colorado are sending newsletters to their existing clients and to other persons. The Committee also has received a number of inquiries from lawyers seeking the Committee's informal views as to the propriety of the sending of particular newsletters. In addition, recent decisions of the U.S. Supreme Court under the First Amendment and amendments to the Colorado Code of Professional Responsibility ("Code") have raised questions as to what a lawyer may and may not do in this area.
The purpose of this opinion is to provide guidance in the area of lawyer newsletters. This opinion does not address any special limitations or constraints applicable to communications broadcast by electronic forms of communication (television and radio). We also do not address what specific disclaimers may be appropriate in a lawyer newsletter.
For the purposes of this opinion, the following terms have the following meaning:
1. Newsletter or lawyer newsletter---A lawyer newsletter means a written communication distributed by a lawyer that contains information on current developments in the law or items of general interest concerning legal matters. A lawyer newsletter may be periodic (i.e., published monthly or quarterly) or it may be published at irregular intervals. It may be limited to particular areas of the law, or it may cover more than one area of the law.
2. Sending lawyer---A sending lawyer means the lawyer or law firm that sends the lawyer newsletter to the recipient, irrespective of who actually prepares or publishes the newsletter.
A lawyer may send a newsletter to existing clients and persons other than existing clients (including other lawyers and prospective clients) provided that the newsletter does not contain any false, fraudulent, misleading, deceptive or unfair statement or claim, and provided that it conforms in all respects to the applicable provisions of DR 2-101(A), (B) and (C).
It is unethical for a lawyer (or law firm) to send a newsletter to clients or others which has been prepared by someone other than the sending lawyer without disclosing on the face of the newsletter the fact that the sending lawyer did not author the newsletter.
1. The first issue to be addressed is whether lawyer newsletters are ever permissible under the Code. Lawyer newsletters serve the salutary function of providing the recipient with current information on changes and developments in the law. EC 2-1 recognizes that one of the important functions of the legal profession is to...
To continue reading
Request your trial