Ethics Hotline & Opinions

ETHICS DOCKET NO. 2000-21

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2000-21

Can one distinguish an expert from a specialist in legal advertising?

 

Your letter inquires if you use language such as "specialize" or "expert" in your firm brochure whether you would be violating the Maryland Rules of Professional Conduct. You further inquire whether the size of the firm is tow or two hundred lawyers makes any difference in the use of the above key works.

The issue of a firm or an attorney being a specialist in a particular area of law is one that has been considered by the Maryland Court of Appeals. A 1992 amendment was added to the Rule 7.4, which specifically added the second sentence and is as follows:

A lawyer shall not hold himself or herself out publicly as a specialist.

The American Bar Association Model Rules allowed areas of specialty as in patent or maritime law. The Maryland Rules do not address areas of specialty that may be recognized. Holding oneself as a expert or specialist in an advertisement connotes that someone or some organization has determined that such is the case. Since in Maryland no specialty designation is appropriate, whether one uses the term expert or specialty begs the question. You may communicate areas in which you or your firm practices as one does in the yellow page advertisements. However, you are subject to the constraints of Rule 7.1 in which the designation cannot be misleading or false.

The Committee has looked at inquiries regarding lawyer advertising in the past. In Opinion 94-35 the Committee commented that it does not approve or disapprove specific material in advertising. It only comments on the general rules regarding advertising. In Opinion 92-52, it specifically opined that a firm cannot use a phrase such as "The Disability Specialists," "The Disability Firm" or "The Disability Lawyers." You mentioned in your inquiry that you had seen literature of other firms in which the words expertise, specialized and expert are used. We recommend that it is best to take your direction regarding ethical concerns from the Professional Rules and not the advertising of other lawyers.

The Committee believes the use of expert in place of specialist is not in keeping with the spirit of Rule 7.4 and therefore should not be used. 

 

DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.