Abstracts of Recent Cba Ethics Committee Letter Opinions

Publication year1995
Pages2321
24 Colo.Law. 2321
Colorado Lawyer
1995.

1995, October, Pg. 2321. Abstracts of Recent CBA Ethics Committee Letter Opinions




2321


Vol. 24, No. 10, Pg. 2321

Abstracts of Recent CBA Ethics Committee Letter Opinions

NOTE: The following abstracts of informal CBA Ethics Committee letter opinions are offered as potential sources of guidance to the Bar on matters of ethical concern. Because they abridge the letter opinions and omit facts and circumstances tending to identify the inquiring attorney, the abstracts are not exhaustive, and should therefore serve only as a starting point for, or supplement to, thorough research and analysis. Inquirers are advised, in advance, if the opinion provided to them will be abstracted and published. For a number of reasons, the full letter opinions themselves are not provided to persons other than the original inquirer. The letter opinions and these abstracts are issued for advisory purposes only and are not binding in any way upon the Supreme Court or its Grievance Committee. Citations in the abstracts to the "Colorado Rules" refer to the Colorado Rules of Professional Conduct.


FIRST INQUIRY

Summary of Facts Provided

The American Bar Association accredits certain programs that certify attorneys as specialists. These programs include the American Academy of Matrimonial Lawyers, the National Board of Trial Advocacy, the National Board of Professional Liability Lawyers, the National College of Real Estate Lawyers and the Association of Estate Planners. The ABA distributes a brochure on these accredited specialist programs, which apparently is written for the information of clients or prospective clients.


Issues and Conclusions

(1) May a firm with attorneys certified as specialists by an ABA-accredited program list that certification by the relevant attorney's name on the firm's letterhead? Yes. Colorado Rules of Professional Conduct ("CRPC") Rule 7.4, Communication of Field of Practice, paragraph (a), provides that a lawyer may communicate the fact that he or she does or does not practice in particular fields of law and may state or imply that she or he is a specialist in accordance with Rule 7.1. The listing may not violate CRPC Rule 7.1, Communications Concerning a Lawyer's Services.

Rule 7.1 states that a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it: (a)...

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