In the Matter of Petition of PETITION TO AMEND MINNESOTA Minnesota State Bar Association, CODE OF PROFESSIONAL RESPON- a Minnesota nonprofit Corpora- ) SIBILITY RESPECTING LAWYER tion, for Adoption of an Amendment) ADVERTISING AND TO DISMISS to Canon 2 of the Minnesota Code ) PRIOR PETITION. of Professional Responsibility 1

To the Supreme Court of the State of Minnesota:

Petitioner, Minnesota State B&r Association ("MSBA"),

petitions the Court and alleges:

1. MSBA is a Minnesota nonprofit corporation composed

of attorneys at law duly licensed and 'admitted to practice be-

fore this Court. More than 83% of all lawyers so licensed and

admitted are members of MSBA. The government of MSBA is vested

in the MSBA General Assembly and House of Delegates which

regularly meet only once a year at the Annual Convention in

June of each year. Interim authority is conferred on the MSBA

Board of Governors and authority between meetings of the Board

of Governors is conferred on the MSBA Executive Committee.

2. MSBA in October 1976 petitioned thiscourt for an

amendment of the Code of Professional Responsibility to liber-

alize Code provisions dealing with lawyer advertising in

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accordance with its proposal for a "General Practice Identifi-

cation Plan". This Court held hearings on this petition, set

e. the matter for argument before this Court on February 17, 1977

and heard argument at that time. Owing to the then pendency of

Bates v. State Bar of Arizona, dealing with lawyer advertising,

before the United States Supreme Court, a final determination

with respect to MSBA's petition, with the consent of MSBA, was

deferred indefinitely and is still pending.

3. On June 27, 1977, the United States Supreme Court

issued its decision in Bates v. State Bar of Arizona, holding

that the Bates & O'Steen Legal ‘Clinic‘in Phoenix, Arizona, had

a right guaranteed by the First Amendment to the United States

Constitution'to publish its newspaper advertisement and that

discipline or rebuke of the advertising-lawyers under a pro-

hibition on lawyer advertising contained in the Arizona Code of

Professional Responsibility was therefore unconstitutional.

While the Supreme Court was unanimous in holding that the pro-

hibition in the Code which had been 'adopted by the Arizona

Supreme Court, an agency of the state government of Arizona,

was not violative of the Sherman Antitrust Act, it was split 5

to 4 on the constitutional question. In deciding-that question

the majority opinion indicated, among other things, 'that:

a. The lawyer's constitutional right to advertise and

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the public's right to know, in general, are

governed by whether information is likely to be

supplied that will be relevant to the selection of

a suitable lawyer by members of the public.

b. Advertising of any'kind that is false, deceptive or

misleading may be prohibited by the appropriate

state authority.

c. While law must be recognized as being a business as

well as a profession, lawyer advertising may be

different from other kinds of advertising, per-

mitting the appropriate state authority to make

regulations as to lawyer advertising, beyond merely

prohibiting what is false or misleading, that limit

assertions as to the quality of legal services,

include needed limitations or disclaimers, forbid

"in- person" solicitation, recognize special

problems of the use of the electronic media or

qualify the time , place and manner of advertising.

4. Immediately following the Bates decision, the

American Bar Association ("ABA") activated a Task Force on Law-

yer Advertising which produced two models for changes in the

ABA Code of Professional Responsibility to respond to the

Bates decision, these being known as Proposals A and B. A

majority of the ABA Task Force recommen4ed Proposal A while

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calling for dissemination of both A and B to all the states.

This recommendation was approved by the ABA Board of Governors

n and by the ABA House of Delegates at the ABA's Annual Meeting

in August, 1977. Meanwhile, parallels to this action were

occurring in Minnesota under direction of MSBA. A Task Force

on Lawyer Advertising of MSBA was appointed consisting of law-

yers representing various points of view on the advertising

.question, with a charge of producing a recommendation or prob-

ably two recommendations representing contrasting approaches

for Minnesota. Initially, the MSBA Task Force focused its

study on ABA Proposals A and B, but by consensus determined to

develop, as a substitute for ABA Prqposal B, a Proposal C that

was thought to be more representative than B of the non-

regulatory point of view. MinnesQta Proposal C was derived

from a Discussion Draft on Lawyer Advertising published by the

ABA Ethics,Committee on December 6, 1975 that was never adopted

by the ABA. Minnesota Proposal A was developed as an implemen-

tation and adaptation of ABA Proposal A. The MSBA Task Force

therefore presented to the MSBA Board of Governors at its meet-

ing of November 19, 1977 both Minnesota Proposal A and Minne-

sota Proposal C. The MSBA had determined, after soliciting

comments from members, to present a proposal to this,Court and

gave notice that the matter would be decided by the MSBA Board

of Governors at that meeting. After extensive presentation and

debate, the MSBA Board of Governors took a preliminary vote in

which members of the Board expressed their views as follows:

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25 for approval of Minnesota Proposal A, 11 for Minnesota

Proposal C and 4 for deferring action-. After argument that the

matter might wait for the MSBA Annual Convention in June, 1978, .>

a motion, to transmit to this Court immediately Minnesota

Proposal A, ABA Proposal B and Minnesota Proposal C with the

recommendation to this Court that it adopt Minnesota Proposal

A, passed by a vote of 28 to 13. This petition responds to

that action. Minnesota Proposal A is attached hereto as

Exhibit 1. ABA Proposal B and Minnesota Proposal C are

separately filed herewith, as Exhibits 2 and 3 respectively,

for the Court's information. .

5. In carrying out the direction of the MSBA Board of

Governors to file this petition, the MSBA Executive Committee

has considered the divergent opinions expressed by the Task

Force, MSBA's various committees and individual members, ex-

pressions from the media and the public and the growing exper-

ience and precedents available from the ABA and the bar assoc-

iations, courts and commentators in the various states. The

MSBA Executive Committee believes that prompt adoption of'

Minnesota Proposal A by this Court would be desirable for the

following reasons:

a. A failure to make responsive changes in the very

near future would inhibit lawyers who may legiti-

'mately wish to offer their services to the public

but would be forced to assert constitutional rights

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in the face of prohibitions in the present Minne-

sota Code of Professional Responsibility and who

presently lack any set of guidelines as to the

nature of proper lawyer advertising. Because the

flow of information relevant to lawyer selection

would thus be inhibited, the public would be denied

its right to acquire such information.

b. Minnesota Proposal A provides lawyers the oppor-

tunity to disseminate, and the public the right to

acquire, virtually all kinds of information rele-

vant to lawyer selection without immediately sacri-

ficing the traditional standards of professionalism

and dignity that the United States Supreme Court

and lawyers generally.feel may still differentiate T- _

advertising legal services from advertising the

' products of the marketplace. It provides rea-

sonable-and wholesome regulation in all those areas

the Supreme Court itself reserved for future con-

sideration: quality assertions, limitations and

disclaimers, "in-person" solicitation, the elec-

tronic media and the time, place and manner of

advertising. It thus represents a responsible

middle course between those asserting, on the one

hand, that present changes should not go beyond the .

specific Bates & O'Steen advertisement and those

a

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urging, on the other hand, immediate institution of

"wide-open" advertising'subject only to restraints

on what is false or misleading. There is every

present indication in Bates that such reasonable

and responsible regulation will be sustained.

C. Minnesota Proposal A will enhance the flow of legi-

timate information relevant to lawyer selection to

the public because, unlike any other plan sug-

gested, it provides the well-intentioned lawyer

with understandable guidelines and the public with

objective means of identifying and comparing law-

yers. 'Proposal A provides 26 broad and definite

kinds of permissible advertising statement and more

than 30 comprehensible categories of law practice

that will enable the public to find and compare

* lawyers in a needed field. It contains flexible

procedures for expansion of both lists if exper-

ience ever requires such expansion. It facilitates

conformity by lawyers and permits discipline under

uniform and objective standards.

d. Minnesota Proposal A is consistent with many of the

objectives sought by MSBA in its previous petition

for the "General Practice Identification Plan", but

necessarily has broader concerns and objectives

since .the Bates decision. "

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e. Minnesota Proposal A provides general conformity

with ABA Proposal A and the predominantly proposed

plans for lawyer advertising in other states.

WHEREFORE, Petitioner respectfully requests this Court

to dismiss petitioner's petition for the "General Practice

Identification Plan" and to amend Canon 2 of the Minnesota Code

of Professional Responsibility in accordance with Minnesota

Proposal A attached hereto or such minor modifications thereof

as may be further suggested by Petitioner or develop as a

result of any hearing this Court may hold on this petition.

December t, 1977 MINNESOTA STATE BAR ASSOCIATION a Minnesota Non-Profit Corporation

VID R. BR ---

Secretary-Treasurer

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Exhibit 1 -------

Minnesota Proposal A on Lawyer Advertising ---

Changes in Canon 2 of Minnesota Code of Professional Responsibility

(Only sections containing deletions or additions are quoted. 'If not quoted, sections remain unchanged.)

Canon 2

A Lawyer Should Assist the Legal Profession in F.ulfilling Its Duty to Make Legal Counsel Available

ETHICAL CONSIDERATIONS

EC 2-1. * * *

Recognition of Legal Problems

EC 2-2. The legal profession should assist laymen la=ersons -- to recognize legal problems because such problems may not be self-revealing and often are not timely noticed. Therefore, lawyers aetiag-~nder-~re~er-a~3~~ee3 should encourage and par- ticipate in educational and public relations programs concern- ing our legal system with particular reference to legal prob- lems that frequently arise. S~e~-ed~ea~ie~a~-~~eg~am6-6~0~~~ ~-mstitrattd-B~-a-dcsire-te-~eae~~~-~~e-~~~~~~-~a~~~~-t;ka~-~e ~~t~in-pa~~.i~~t~-~r~~rn~~~rn~nt-f~~-~a~t~e~~a~-~aw~e~sr--E;~- amp3~s-af-p~rmissi6~~-aetivieies-i~e~.~e Preparation of iss~&~&ienal advertisements and professional articles for lay publications and participation in seminars, lectures, and civic programs should be motivated bya desire to educate the public -------w--P--_ --I------------ ---- to an awareness of Leqal needs and to provide information rele- --- --------- -------- vant to theiecfion of the most appropriate counsel rather -----7--y---- than to obtain ---------- publicitcor

-- ___--_------- particular lawyers. Be+-a-&awye*

wfia-partici~tts-~~~~-aeS;1'q~~=~~~~=~~~~-persesarl-~!u~- *tieity-; The problems of advertising on television require -7--- special consideration

-__---- ---- ------

nature of ---7-L---mm--;--- due to the style, cost

such media , and tfanzog

-------v--w--- . If the interests of lay$rso6%-inre- ceivinq relevant lawyer

__---- --- --7 ------;---- advertising are not adequately-served -T-------- ----7-I- ---- --- by print media and radio advertising -- - ------_------------- L-----o-m- and if adequate safe- zards to protect thepublic can

-------

teievision advertiZTng reasonably be formulated -----------;-- . -----m---L

-------- may serve a public interest. 1----v ---

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EC 2-3. Whether a lawyer acts properly in volunteering in-person advice to a bayman layperson to seek legal services depends upon the circumstances. The giving of advice that one should take legal action could well be in fulfillment of the duty of the legal profession to assist gaymen laypersons in recognizing legal problems. The advice is proper only if moti- vated by a desire to protect one who does not recognize that he may have legal problems or who is ignorant of his legal rights or obligations. Herteei- the-advice It is improper if motivated by a desire to obtain personal benefit, secure personal public- ity, or cause &itiga+ien legal action to be bretlgke taken merely to harass or injure another. BbfiietteA:y 7 A lawyer should not initiate an in-person contact with a non-client, dire&l-y er-indiree&&yT personally or through a representative, for the purpose of being retained to represent him for compensation.

EC 2-4. Since motivation is subjective and often difficult to judge, the motives of a lawyer who volunteers in-person advice likely to produce legal controversy may well be suspect if he receives professional employment or other benefits as a result. A lawyer who volunteers in-person advice that one should obtain the services of a lawyer generally should not himself accept employment, compensation, or other benefit in connection with that matter. However, it is not improper for a lawyer to vol- unteer such advice and render resulting legal services to close friends, relatives,. former clients (in regard to matters ger- mane to former employment), and regular clients.

EC 2-5. A lawyer who writes or speaks for the purpose of edu- cating members of the public to recognize their legal problems should carefully refrain from giving or appearing to give a general solution applicable to all apparently similar individ- ual problems, since slight changes in fact situations may re- quire a material variance in the applicable advice: otherwise, the public may be misled and misadvised. Talks and writings by lawyers for laymen laypersons should caution them not to attempt to solve individual problems upon the basis of the in- formation contained therein.

Selection of a Lawyer*--Genera&&y

EC 2-6. * * *

EC 2-7. Changed conditions, however, have seriously restricted the,effectiveness of the traditional selection process. Often the reputations of lawyers are not sufficiently known to enable &aymen laypersons to make intelligent choices. The law has become increasingly complex and specialized. Few lawyers are willing and competent to deal with every kind of legal matter, and many leaymen laypersons have difficulty in determining the competence of lawyers to render different types of legal

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services. The selection of legal counsel is particularly dif- ficult for transients, persons moving into new areas, persons of limited education or means, and others who have little or no contact with lawyers. Lack of information about the avail-

c ability of lawyers, the qualifications of particular lawyers, and the expense of legal representation leads laypersons to avoid seeking legal advice.

EC 2-8. Selecton of a lawyer by a 3aymaR-e~ten-~3-eke-~~3~~~ e4;-the layperson should be made on an informed basis. Advice and recommendation of third parties--relatives, friends. ac- quaintances, business associates, or other lawyers--and-dis- closure of relevant information about the lawyer and his prac- tice may be helpful. A layman layperson is best served if the recommendation is disinterested and informed. In order that the recommendation be disinterested, a lawyer should not seek to influence another to recommend his employment. A lawyer should not compensate another person for recommending him, for influencing a prospective client to employ him, or to encourage future recommendations. tions,

Advertisements and public communica- whether in law lists,

other - telephone directories, newspapers,

forms of print media or radio, should be formulated to convey Only information that is necessary to make an appropri- ate selection. Such information includes: (1) office infor- mation, such as, name, including name of law firm and names of professional associates: addresses; telephone numbers; credit card acceptability; fluency in foreign languages; and office hours; (2) relevant biographical information; (3) description of a particular field or fields of practice, or non-practice of the lawyer (or, when authorized, law firm) as specified under DR 2-105(a) or a statement of the lawyer (or, when authorized, law firm) as specified under DR 2-105(a) that the lawyer is a recognized specialist in a particular field or fields of law or law practice; and (-4) permitted fee information. Laudation of the lawyer (or law firm), by himself or by others, testi- monials, statements of the quality of services to be rendered, comparative statements as to the lawyer's (or law firm's) fees - * n to those of others and statements of or services in relatio -.. - ---- --- performance records are undignified, are primarily solicitative rather than informative and are apt to be misleading to the public. They should be avoided.

Selection of a Lawyer: ~refessiena~-Wet~ee~-a~~-~6~~~96 Lawyer Advertising

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services. The selection of legal counsel is particularly dif- ficult for transients, persons moving into new areas, persons of limited education or means, and others who have little or no contact with lawyers. Lack of information about the avail-

n ability of lawyers, the q ualifications of particular lawyers, and the expense of legal representation leads laypersons to avoid seeking legal advice.

EC 2-8. Selecton of a lawyer by a ~a~maA-e~ten-~B-~ke-~es~~~ of-the layperson should be made on an-informed basis. Advice and recommendation of third parties--relatives, friends, ac- quaintances, business associates, or other lawyers--and dis- closure of relevant information about the lawyer and his prac- tice may be helpful. A &ayman layperson is best served if the recommendation is disinterested and informed. In order that the recommendation be disinterested, a lawyer should not seek to influence another to recommend his employment. A lawyer should not compensate another person for recommending him, for influencing a prospective client to employ him, or to encourage future recommendations. Advertisements and sublic communica- tions, whether in law lists. teler --,>hone directories, newspapers, other-forms of print media or radio, should be formulated to convey only information-that-is n6 :cessary to make an appropri- ate selection. Such information includes: (1) office infor- mation, such as, name, including name of law firm and names of professional associates; addresses: telephone numbers: credit card acceptability; fluency in foreign languages; and office hours; (2) relevant biographical information; (3) description of a particular field or fields of practice, or non-practice of &he lawyer (or, when authorized, law firm) as specified under DR 2-105(a) or a statement of the lawyer (or, when authorized, law firm) as specified under DR 2-105(a) that the lawyer is a recognized specialist in a particular field or fields of law or law practice: and (4) permitted fee information. Laudation of the lawyer (or law firm), by himself or by others, testi- monials, statements of the quality of services to be rendered, comparative statements as to the lawyer's (or law firm's) fees or services in relation to those of others and statements of nerformance records are undianified. are Drimarilv solicitative * - -- - _..-.- -- ---------- _ - rather than informative and are apt to ,be misleading to the public. They should be avoided.

Selection of a Lawyer: ~efessiena~--0t-iee~-a~~-~~;L~~~~ Lawyer Advertising

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~~~~~iLe~7-a~ver~isi~g~ The lack of sophistication on the part of many members of the public concerning legal services, the importance of the interests affected bv the choice of a lawver and prior experience with unrestricted lawyer advertising, re- quire that special care be,taken by lawyers to avoid misleading the Public and to assure that the information set'forth in anv advertising is relevant to the selection of a lawyer. The lawyer must be mindful that the benefits of lawyer advertising depend upon its reliability and accuracy. Examples of informa- tion in lawyer advertising that would be deceptive include mis- statements of fact, suasestions that the inaenuitv or Drier E

record of a lawyer-rather than the justice of the claim are the principal factors likely to determine the result, inclusion of information irrelevant to selectina a lawver. and rebresenta- . tions concerning the quality of service, which cannot be mea- sured or verified. Statements that a lawyer's practice is "limited to" or "concentrated in" a certain field or fields of law or that otherwise imply some warranty of competence in a particular field or' fields except in connection with recogni- tion under a regulated plan of specialization are likely to be . - misleading or deceptive. Statements that imply that a law firm has a competence or capacity or practices in a field or fields of law beyond those of its lndivldual members are also likely to be deceptive or misleading. Since lawyer advertising is calculated.and not spontaneous, reasonable regulation of lawyer advertising designed to foster compliance with appropriate standards serves the public interest without impeding the flow of useful, meaningful, and relevant information to the public.

lawyer should ensure that the information contained in any ad- vertising which the lawyer publishes, broadcasts or causes to be published or broadcast is relevant, is disseminated in an objective and understandable fashion, and would facilitate the prospective client's ability to compare the qualifications of the lawyers available to represent him. A lawyer should strive

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to communicate such information'without undue emphasis upon ----- T------- style-an~-a~vertisTn~-~~~~~~~~~~-~~~~~-~~~~~-~~-hlnder rather -----~--~-~------ -_----- -------------------- _----------- :ounsel. Because ----------------- than to facilitate intelligent selection-of-; ---------7--------------- . - -----------------_

-, change is a recurrent feature of cnmmllnications tecnnologlcal -------_ ----___----- ~~~ forms and because --y.---L,-.---------

--------I-.---------- 7------------T--------- perceptions of what is relevant in lawyer -----------------------T------------ --

:2-2- Jlations should not =r?------------------- Machinery is therefore _-_---~~--~~-_-~-_----- _-__---------

selection may change ---~--~~---~---I be cast in rigid

lawyer adverti&i<iTi%zT -r---s ----e---2: ------------ -L--m-e-- unchangeable terms. available to advertisers -~-------~------------- and consumers for prompt consideration .----_-----------__ --- ~~~ cl

----- $-~""~osals to change the rules governing-lawyer ------~--~-- -_---------- ---~ advertising. The determination of any request for such change should depend ---------f----~-------- --_ uoon whet -_--~---~--~---- ----_------ --- . . :ner the nronosal is necessarv in liaht of existins ..--- LL;~----LT-7-----L--C

Code provisions ----------------~----==~==-==-=~----~

----- -------~-LT------------ whether the proposal accords with standards of accuracy,

-- ---------------------------- reliability and truthfulness, and whether the pro- ------- ---------- Dosal wn,,‘- _ ._. --~----------------------------~- ---

11d facilitate informed selection of lawvern bv Doten-

and consumers should be heard in addition-to- -----'-T------------------------------,----- IY proposed chanae. Anv chanae which is approvel

. . - - ---__ ‘-“‘---------------------~-----==-=~~~===---

tial -I---- ---- consumers of legal services --------------- --------es'---- Representatives of lawyers

concerning ar the aEpli.cant ------ ------

--------- -e-L d------&-----d;-L-- - --- 1 -----LZ--lLL----- should be Erorn~~$%dWT6-th~ form of an amendment to the Code ----Y------ -~_---- -_--------__--__~----~___----~ S ,o that all lawyers Eracticinq ----------7-- .------------ ---- --------

ihemselves of its provisions in the jurisdictic __----- - kn may avail ~ ~-~--~~-_--~~~--~.~~- -----

---------------- s----e--'

EC 2-11. The name under which a lawyer conducts his practice may be a factor in the selection process. The use of a trade name or an assumed name could mislead 'fapmen laypersons con- ------ cerning the identity, responsibility, and status of those prac- ticing thereunder. Accordingly, a lawyer in private practice should practice only under a designation containing his own ------ name,

.----7----------- the name of a lawyer employing him, a-paftnerskig-name

eempesed-eG the name of one or more of the lawyers practicing in a partnership, or, if permitted by law, CR the name of a professional legal corporation, nated as such.

which should be clearly desig- For many years some law firms have used a firm

name retaining one or more names of deceased or retired part- ners and such practice is not improper if the firm is a bona fide successor of a firm in which the deceased or retired per- son was a member, or‘ by contract,

if the use of the name is authorized by law and if the public is not misled thereby. How-

ever, the name of a partner who withdraws from a firm but con- tinues to practice law should be omitted from the firm name in order to avoid misleading' the public.

EC 2-12. * * *

EC 2-13. * * *

EC 2-14. In some instances a lawyer confines his practice to a particular field of law. In the absence of state controls to insure the existence of special competence, a lawyer should not be permitted to hold himself out as a recognized specialist or ---_ ----- as having special training or ability, e&keF-khan except in the ---- - historically excepted fields of admiralty, trademark, and

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patent law. vertisinq

A lawyer may, however ----- ---- ------~--L-,-__,--_-___ indicate in permitted ad- -e---v- L--- to the extent otherwise authorized in %is-cod<,-- ----------------------------- statements that he practices or does not practze-Tn-?%e%! ------VW--------_ ------*- ------ ----- more particular areas or fields of law or--?------------ I_-- ---__-------- extent hereafter permitted-----'--

if and to the ,--L--_L-_____,_,_-__ --------7------ ---- nized specialist. --L-B- ---- may indicate that he is a recoq-

If a hyyer ------------------

------ ------------- discloses areas of law in whrch ---T--------- but is no?a-re~~&%~---- he practices or does not ~------------_ specialist

practice, _-_---- ----- - T---L--T--T----- he should avoi~-any-im~Tca~Ton-that he is a rec-

-y--- -- oqnized specialist. _-1_------------ I_- -------

EC 2-15. * * *

EC 2-16. * * *

Financial Ability to Employ Counsel: Reasonable Fees

Persons Able to Pay

EC 2-17. * * *

EC 2-18. The determination of the reasonableness of a fee re- quires consideration of all relevant circumstances, including those stated in the Discip1inar.y Rules. The fees of a lawyer will vary according to many factors, including the time re- quired, his experience, ability, and reputation, the nature of the employment, the. responsibility involved, and the results obtained. It is a commendable and long-standing tradition of the bar that special consideration is given in the fixing of any fee for services rendered another lawyer or a member of his immediate family.

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DISCIPLINARY RULES

DR 2-101. Publicity Prt-GerteE&

(A) A lawyer shall not pr@ga~es-ea~se-te-Be-~~e~a~~~ on L-d- behalf of himself hislartner, associate or any other ---------;-7.---L-,- -;------ ------ lawyer affiliated with him or hisfiF,use?-or par- -~,----~----------------------------- tlcipate in the use of7 any form of public communication that-centains-prefes~~~na~~~-s~~f-~audate~~-sta~e~e~t~ ea~e~~ate~-te-attraet-~ay-e~~~nts~-~3-~3e~-~e~e~~i-~~~~~~e eemrn~n~eacieft"-inel~~esi-~~~-~~-~e~-~~rn~~e~-~ei-eern~~~~-

.ea~ie~-B~-mea~e-e~-~e~e~~s~~~~-~a~~e~-rne~~e~-~~e~~~e~ ~ews~a~er~-magaei~e7-er-Beek containing a false, fraudu- lent, misleading

_--_-_- -------7--------- -----7------ deceptive laudatory or unfair statement L----- --L--- ---- ------- or claim. -----

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(B) Inorder to facilitate the process of informed selection of a iawyer-~y-Eotential-~~n~~~~~-~~-i~~~~~~~~ces, a --w--w-- -- - lawyer may publisE-or-broadc%t --- -7- sub$ct ?oDR-%i6x?he following

-w.m-----r--------L---- -F-T----- information in print media distributed or over ----- --- -I--- ----------T~-7 radio broadcasted in the qeoqraphic area or areas in which --------my-------- T----------T the lawyer resides or maintains offices or in -7-T- whlch=-Gf -----T-- nlflcantqart-the-iawyer'sclientele resides ------ TovTaed d----------,----L- --.---- that the infox&tionaisci&ed by the lawyer in such Eub- I;---- ----------~--- - --_-- __------_ --- location or broadcast comElies with DR 2-101(A) and is ------7 --Y---7----- -----------------E.------- presented in a dignified manner: ---------

(1) Name including name of law firm and names of ----I-------- ---T------------------------ professional associates; addresses and teleone --I_---------- -_------ --_ numbers- ------L

(2 - L To the extent but only to the extent ----e----e----r------- ------e-w- authorized L----------m under DR 2-105 a statement of one or more fields of --P-P- r__--__-__~-------------------- law in which the lawyer practices, a statement that __-- the lawyer=does-not-ElactTce-in-one-or~more-~iei~s-of ----- --------I ---- law or does not EracticeTnfiei~s-ot~er-t~an-any --r--r------ fiela-or-Tieids-o?_~~~~~-~~-~~~ seclfled or a ___-__---_---_- --___-_---- -------em-- statement that the lawyer specializes in a particular --;--- --------- field of

------m-w:-- ---- law Eractlce; law

T-------.s----T- firms may-publish or ----------T- -e--------------e- _----

broadcast like statements of practice, non-practice ------7 orsEeciaiTZation-if-ih~-~~ii~~~~~~-~~-~~~adcast 1s ---- r----T---y---m---T-- --7----7----------?-T--- not mlsleadlg ----m----w- in stating or lrnplylnq that lndlvldual --m---w- ---m-e ---m---N------

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l.a.yers in the firm practice or specialize in fields otheS-tI;an~t~err-actuai-Eract~ce-or~ciai'Lyor-t~~t - --------- --- --_----- the-iaw-?i?&-or-aiiil:its lawyers practice or special- ---_ y--------;-e------- ---- ----------- ------ ize In all the fields of lawspecified unless that is -----me--- the fact.

------ ----I_---------- -----

(3) Date and place of birth* ---- -_-- -------w---L

(4) Date and place of admission to the bar of state and ----w-e- --------------- federal courts*

---------------- W.-----------L

(5) Schools attended ---------~---1.--------------- with dates of graduation -_--- and other scholastic distinctions*

_I-deqrees ---m-----------------L

(6) Public or quasi-public offices. ---v---m-- ----- ---------e---L

(7) Military service; --a---

(8) Legal authorshiEs* ---- --l_ ---- -L

(9) Legal teaching position; ---- -----

(10) MembershiEs, offices, and committee assiqnments in ----__---- bar associate-----------'-- ---- ---e-r-- --------L

(11) Membershh and offices in leqal fraternities and --m-----w-- .-~--------- ------------- l..al societies; --_--__--

(13) Memberships in scientific - ---- ----- -----------_ associations

Lw-------we-- technical and professional and societies-

----- ------------------------L

(14) Fore*n lanq_u_aE ability; ------- ------

_ (15) Names and addresses of bank references- ------------------------------------L

(16) With their written consent names of clients P--m--_-- ------- ---L-------------- reqularlyreEresented* -- ---- -- ----,---I-

(17) Prepaid or groue legal in which the --- ----- . -7 -- -- servicesprograms _I-_- ----l-_l_--- +iyer partrclpates; --- ---_-- -----

(18) Whether credit cards or other credit arrangements are ~I-------------------__------------- ---------- accepted; --- ---

(19) Office and telephone answeri% service hours* -----------w--m-- - --em--- -------e---L

(‘20) Fee for an initial consultation; ---- --a-----_----_--_-

(21) Availability upon request of a written schedule of ---- ----- ----- ---------_---------------

.

-8-

fees and/or an estimate of the fee to be charged for ----T-T------7------ specific services;

_____--_--_------------ ------ ---

(22) Continqent fee rates subject to DR 2-106(C), grovided --------------- ----------- ----- ------ that the statement discloses whether gercentaqes are

costs- computed-~e?oreor-after-deductTon ------ -----

----------------------------------L

(23) Range of fees for services ------ ------------------LEovided aat the state- ment discloses that the SEecificfee-wit~Tn-the-ranqe ------------;- --_--__--__~____-__---- which-wqn-be chalqed ~111 vary deEendlnq qon the ----T------- ---- Egrtlcular rnz&? to-be-handied-Tor?ach client and ----y------ the client is-entiti~d-wit~o~-~~i~~~~~~-~~-~~-~~~i- --- -----------;--;------- ----7 mate of the fee within the range llk~y-to-~e

---I- c~aTged,-T----'----'------'--- ------- ------

in Erlnt -7 ---- size equivalent to the largest ------;------ --- print used in<et?inqF<rth-the fee Information* _---- ----------------------~

(24) --- Hourly rate _-- -----L- Erovided that the statement discloses that the total

----------~------------------ fee charged will depend upon the ----------__----- _------- ---- -----

number of hours which must be devoted to the par- ------- tlcular matter-to-be-~andie~forea~-ciient-an~-the ~--T-y------- ------- client 1s entitled to witho6t-&iigatioii-%n estimate --- ------.,----A------- -__ of the fee likely to be charged .--y------ ------------- -----l_-- , in print size at ----- least equivalent to the largest print used in setting _--- -- ---;~----‘---- forth the fee information=

------------- --------.-------Wmm----d

e8~1111al;e WI tne ree Lively to be cnarqea in Erint '----I---- ------~----- ------- size at least equivalent to the larqestznt-used in ---‘;---.------ ----- . . -. . _ ~--- ---- --- ---- __--------

(25) Fixed fees for specific legal services the descrip- (25) Fixed fees for specific legal services the descrip- e--w--.--- ---- e--w--.--- ---- ---- --------I---------- - ---- ------m--L------- - tion of which would not be misunderstood or be decep- tion of which would not be misunderstood or be decep- T---------- T---------- -----_--___-----~-------~__ - --_-__---__-_~--~_-___~~--- - tlve, provided that the statement discloses that the tlve, provided that the statement discloses that the qgoted.fe qgoted.fe e will be e will be ---T-------- ---T--------

w-w---------- w-w---------- availableonly to clients whose availabi$?only to clients whose ------ ------ -- ---------------- -- ---------------- matters fall into the services described and that the matters fall into the services described and that the -7. -7- - client

-~----------_----- -~----------~------ .*_- - *.. ~-~--------------- ,----------------- is entltled without obligation to a specific ific *~---------------------- ------------ ----

estrmate of the fee likely ---

'--- --------- --------- to be charged in Erint ------- size at least equivalent to the larqestznt-used in w---y- --.----- - --_-- settlnq_forth the fee

~---------- ---- information;

__-------- --- ----------- ----

(26) Statements that legal services may be obtained at -----~---------n -.-- 5;- reasonable or ve~~-YGCGGi~6iZ~ fG%-or-iLG-GjGiva- -------------__---

lent, provided that -----

it-Ts-clear-Tromt~econtext that ------ ---------------------------T--------l------- ZUIY such statement refers onlyto fixed fees for we- T--l---------T---------- cific lsal services ------ (25)

as descri~ed-inDR-ZZiOiTBT -- ..-----------~------------------------------- ----r-----we- which arepublished or broadcast in the same --------------------------- statement and that the statement is factual and -----------~-I---~---- capable of verlflcatlon

--_--------------- --~------- ----'

This Court may from time t -------- --- --~-------- authorized for disclosure

o time expand the information '7-------- r----7- in DR 2-lOl(B~-orErovi~e-Zor .-----P----L--- _________ its dlsseminationt~rouq~other media or forums. ------------------ Any --~---------------------- Orson desiringsuch expansion may apply to this Court or --------- --- --------- -- __-----------_

hority ----- delegate-its-aut any body to which this Court ----- -~------------- from time to time

may ----- ---------- ---------P-m_* paLte

Unless such application is granted ex --L-- ------ anysuch asc%ion<fiaii beserved-@zn this---- ------------------------- -------

K)’ --

-9-

. .

i

Court -----b-----w-- the Lawyers Professional Responsibility Board, the _-__-----------_--_ Minnesota State Bar Association ~------T---T------------T-

the District Bar Associ- --~--------7----------~-~-~-------~----------------- ation of the District in which the applicant resides or ----~----------------------------- ---___----_---_-_

In of the State .-----__-_ ----- ces w--L ment .---

practi ---- Depart --- such b v-w--- the a~ _---

the .---- of C ----_

may d .-- -__

Consu .---- ommer -7---- irect

issues T------T-- in liq ----- of the ity- WE0i --- tate

mer Se .----__ ce and .--me-

who .L----- omptly .-- --

s Se .---- 0th

as pr --- - of ---

ht o --_- Cod ---- -

'ant .-N-L- wheth .---- f the .---_

er th .---_ %?El .--

anu tr .----- esome .---

e, ac .---- uthfu .----- regulat --_-

rvice .-_-- such -----

shall ----- as r -----

osal ----- law ----

stand ----_ d corn

e-2LOE icable ----__

with. ------ , woul

cords ,----- lness

,---_ be ,----

easo -;--- is n ---_ and ----- ards --I- oort

ctio .--_ ers .---- hear .--_ nab1 ---- eces .---- the ---_

of -7-- w1t

as this Court or '-------------~-- d, together with .-m-w -------- ypossiblg on the --‘T----- sary or-advisable --- ------------- existing provisions ------ - ------_-_ accuracy, reliabil- .------ --------I_- h reasonable and

tent 7- lS 9 --- this ---7 tuni y--s

the p 7--- ial co .----__ ranted .------ Court .----

.T--~----------L-----_;

.lon of the profession '---7------- -------- of informed selection .---‘-=---~-------------

.---ii ! and .----

of

.;

.- 1 .-

-_.-..--- .=;------- would fat .--------_ awyers by -----

----. ‘7-7 'ill-

process -v-s-_ nsumer: ---__-

ex par --- __- to wh' -we--- prompt - -- -

-EE 5 of leaal services. If such annI irat-inn

.A-----4--w---

te or is deczd-by-a '-Y---Z------- --.---- -- .Z-L

bod .---_ .1 LZ-LLI;LLL

.Y other th - ---.. .--- an --

lch the matter has been deleaated. onnnr- .-------------;------- : review by this Court -- -----------

.--zL;

in .Z

a I.Lzl;Lzx..-L

ccordance -----__-_ lief gra -.---- --

.hZEL.Z-

with ----- nted .----

ty for .- --_- due process of law shall be granted. 7---- --.-------------------. --__ The re: in response to any such appllcationshaii-~e.promulqated ------ -------- -----_- as an --;---- --- ----- amendment to DR2-lOl(a)--universaii~-~~~lcable to --.-------------------I--------- all lawyers. w------e- -_---- ----

(D) If the advertisement is communicated to the public over --------~-------------------------------------- --------- radio -----L---.--m---- -e---;--------L-- it shall b-rerecorded the lawyer and a

approved for broadcast by ----Y----T--T---- -- -.-- -- ---L--,----- recording of the actual transmission ------------------------ shall be retained by the-lawyer .----_I-------- ------ -'

(E) If a lawyer advertises a fee for a service the lawyer ---------_-- -__-----__ -;--------------------L_-_--_- -- must render that service for no more than the fee adver- 7------- ------ tised

----------1---------------- -----I

Unless otherwise speci -----v--s fied in the advertisement if a --T-----L-I---T------e 1awyerL >ubllshes any fee lnforrnationaut~orTze~-un~~r nR --_ -.- 2-101(B)

----'------;L17---------;------7-------------lfl in a publication that is published more fre- ----P---w ------------------- ___---____----~-~-

bound .---- quently than one time per month the l&erT&all-be- __---__-- --------L-e--- ----------- hy any representation made therein for a period of not --- --- --------------------~------- ----------- less than 30 days after such publication. ---- If a lawyer publishes-any fee-%&rma?Ton %?hori%d?k&?%--

---_ _. 2-101(B) .--__--_---~-----_

a m'onth or less .------_---a-_-- lresentation made .----ye- ---- ----- ceedinq issue. If ,--__- --___-_--__

)R --

(F)

Tn E th --

.---------LT-------------_

,-g-publication that is published o ------------------ -------_ eguently, he shall be bound by any .- ----- erein unt?l-the-EubiicatTon-of-~~e --------- ~-- ----------------

nce --- rep .--- sue .---

a lawyer publishes any fee information authorized-under-r -w--w --- ----------- 2-101(B) in a_Eublication-w~Tch-~~~-~~-~~~~~-~~~~-~~~-~~~- ---T----Y------ ----- l---T--------------~---~~-~~-~ --- location of a succeeding issue --------------~7---- ------z-------m the lawyer shall be bound ---------------f- by-any representation made therein for a reasonable period ----- of time after~blication-~ut-in-~~-~~~~~-i~~~-~~~~-one a------v-w--- ---------------------------------.------ Year l --

(G) Unless otherwise specified, ----1 .----- ------------ if a lawyer broadcasts ---- any fee ---- information authorized-unaer-DR-2-lOl~~~--~~~-i~~~~~-shall ---------------------------T----------------L-------- be bound by any-representation made therein for a EerTod-- w------w- . ------------------------------- -----

-lO-

. of not less than 30 days after such broadcast.

&) This rule does not prohibit limited and dignified identification of a lawyer as a lawyer as well as by name: (1) In political advertisements when his professional status

is germane to the political campaign or to a political issue. (2) In public notices when the name and profession of a lawyer

are required or authorized by law or are reasonably pertinent for a purpose other than the attraction of potential clients. I

(3) In routine reports and announcements of a bona fide business, civic, professional, or political organization in which he serves as a director or officer.

(4) In and on legal documents prepared by him. (5) In and on legal textbooks, treatises, and other legal publi-

cations, and in dignified advertisements thereof. (I)-fCZ+ A lawyer shall not compensate or give any thing of value to

representatives of the press, radio, television, or other communi- cation medium in anticipation of or in return for professional publicity in a news item.

DR 2-102. Professional Notices, Letterheads7 and OfficesT-and baw-b&&e

(A) A lawyer or law firm'shall not use or participate in the use of professional cards, professional announcement cards, office signs, letterheads, te4epkefte-a~~eets~y-~~3t~~y3y-~aw-~~3t3i-~ega~ direetery-&&sting37 or similar professional notices or devices, except that the following may be used if they are in dignified form:

(1) A professional card of a lawyer identifying him by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm, and any information permitted under DR 2-105. A professional card of a law firm may also give the names of members and associates. Such cards may be used for identificationAbet-may-ne+-be-pub&&3hed-&n pe~ied~ea~sr-mayaeiftesr-new3~a~e~3~-e~-e~~3~-me~~a~

(2) A brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional offices of a lawyer or law firm, which may be mailed to lawyers,-clients, former clients, personal friends, and relatives. It shall not state biographical data except to the extent reasonably necessary to identify the lawyer or to explain the change in his association, but it may state the immediate past position of the lawyer. It may give the names and dates of predecessor firms in a continuing line of succession. It shall not state the nature of the practice except as per- mitted under DR 2-105.

(3 1 * * *

(4) * * *

-110

-12-

“1 i

(Cl * * *

(D) * * *

(El * * *

(F) Nothing contained herein shall prohibit a lawyer from using or permitting the use of, in connection with his name, an earned degree or title derived therefrom indi- cating his training in the law. a -

DR 2-103. Recommendation of Professional Employment

(A)

(B)

(Cl

A lawyer shall not except as authorized in DR 2-101(B) ---- -------~------------T----------' recommend employment, as a private practitioner, of himself, or anyone associated with him to a nen-&awyer layperson who has not sought his advice regarding ----- employment of a lawyer.

A lawyer shall not compensate or give anything of value to any-persen a-person or organization to recommend or ----------- -‘---7---- secure, or as a reward for' having recommended or secured, employment by a client of himself or any lawyer associated with himl- except that he may pay the usual and reason- -L----- ------------ - ~ able fees or dues charged by any of

----------~---~------ iiste~--in-gR--.~-io3TD)', ---- the orqanlzations -- ---------_ ---------- ------.-----l---------

A lawyer shall not request any a person or organization to recommend employment, -r-7- --------;- as a private practitioner, of him- self, or anyone associated w'ith himi , or promote the use ___ -----T-------- of his services or those of his partner or associate, or ------f---------- an-~osr;;;rlawrex-afrilZated-wifh 'I;i$ or his firm, as a __------ ----- @ivate Eractitioner-exceEF-~~-~~~~~~~~~~-~~-~~-~-lOl and -------- ---------------- ---------------------L---- except that ---- ----.-

(1) He may request referrals from a lawyer referral ----------- -----service-oEerated,-sEonsored,-or-aEEroved, by a bar -------;--T --------- ----T--------, 7----- ----.--

assocratlon and may pay Its fees lncldent thereto. ------------------ - - -------------_------------

(2) ---- He may cooperate with the legal service activities of .----- ---- ---T------------T any‘of the offices or

--7-------------T----- organizations enumerated in DR -_-----_-------__-__-------

zrio3TD,Ti,-throus~-~~~-and may perform legal ser- ------------ -___ ___.___.______ _ __.______ __--- -- vices for those to whom he was recommended by it to -------------T----------~-.v.-----~------------ ------ do such work if: ----------------

(a) The person to whom the recommendation is made is -----m-s ---------------I--.e---------T------------ a member or beneficiary of such offlce or orqan- ---T---------------- _______--_----.------- --- lzatlon* and -------L---.-

(b) The lawyer remains free to exercise his inde- ---------w-v -------7----~7----------------------. pendent professronal ludqment on behalf of his --;----- ------------ -- ------- -------------- client ------I

-13- I

I

Wifk-kilTI, A lawyer or his partner or associate or any ------ ---. other lawyer aff iliac ied I_----_ ---------_ with

-~~~------7---7-----------L

recommended, him or his firm may be -------7---------------~--- --- - .

-------- emnloved or para by, or mav coooerate -i---L-.- -L- ---- -;----- with c----LL-LLL----,L one of the followlnq offlces or%ganizations that promote --a-----------v--v- -__ ---------_------ the use of his services-or-those of his Eartner -_---- ------------------------------------------ or --------- associate or any other lawyer affiliated with him or ~---~--------T --_------ -------~-------------------- firm If there 1s no interference with the exercise of

his ~---------------------------- lndependgqt professional --- -q-T- . ~dqmen~-in-~e~;aiZ-~~-~~~ cl lent:

------ - -------- _-----------

(1) A lsal aid office or public defender office* a------- _---------------- --.--- --.-w--B-------

(a) Operated or sponsored by a duly accredited --- law school

--e--e- --1-s -----v-m- -----------t

(b) Operated or sponsored by a bona fide non- --;-------------- Eofit community-GJGiTzatlon ------------- --- --m----e’

(c) Operated-or sponsored by a governmental --__- ------- --- EaencY:

---------- -

--- ----.--L-- (d) Operated sponsored or approved by a bar association

---L--L---- ---- ----- ---.------’

(2) A military legal assistance office -----__ -- ---.------P-------L

(3) A lawyer referral service operated sponsored or ------------ ------ ----------T--- ---w-L-- approved by-a bar association.

------L--- - ---we ---------------

(4) --- Any bona fide organization that recommends, furnishes I_- --------_-__ -.---- --.- or days for legal servic~~to-Ttsmembers-or-benefi- ----------.-.-7---------T----------------- -_-- cidrTes provided the followrnecondltlons are satis- z-aT--- T------------------ -_---_---------------- --_--

(a) ---- Such organizatio In, includinq any affiliate, -w-----w ------_- - .----_-_---_L--- is so organized and oFera’-”

--- -~ 1-L - 1 -7-w- ------------ --. LOU tnat no prorir -----~ ~ is cie-

rived by it from the rendition ---------------

-e----m --------------7------- of legal servi ‘-----7- by lawyers, and that, if the o --r----7- - ---7 orqanlzed-‘~~-~~~7’“--=~=-~==~ rqanizatlon is

LOL rl.uLIL, ‘i- -I--T-------

I --------- rendered by lawyers

LII~ leyal services are not -- ------------- -~------- --- --- ---. vised or E

employed , -airectea--sueerz--

we-7 -- ----7--------L--- --- selected by -7-------- -----iT---- with matters wnere

It exceg$ in connection -------- --- such --T----------- orqanizatlon bears ulti- ‘I------ ------------------_--_ ma5e-iiabTiity-oi-i-- -_-I--.- ~~ x r. .

----------- ----- ~5 member or bener iciary, ------------.-----------

(b) I-- Neither the lawyer -.--------- ------ ate

_ , nor his partner nor associ- ~-~---L------------ ---I-_;---- ---------- nor any other lawyer affiliated with him or his firm

--------------------I-T-- . ----m--L------- -----_-- nor any non-lawyer, shall have rnltl-

gted or promoted such orqan5zatTon-~~~-f~e-~~~~ --------------- rnnry purpose

--7----‘----------- --- of.providing frnanc.ral or other --e--e- ------_

benefit-to such lawyer -~-~------------- --r- affiliated lawyer

Eartner~-associate-or ------L-----,-e---- -------------a --’ .

v-I-

Ic1 Such organization is not operated for the pur- -------- ------------------ --------------- --- pose of procuring legal work or financial bene- --__- --- ---------_-------____- fit for any lawyer as a private practitioner --7------ ---- ------- ------- -_-------- outslde of the legal services program of the ------------ ------- - ---------

(d) --

organization. -B-M----

The member or beneficiary to whom the legal .---- -;-----------------.-- services are furnished

----------- -- and ---:-- -;--------------L----.--.------- ---- not such organi-

zation ---w--L.------ ----------------------- is recognized as the client of the lawyer in the matter. -- ------- __--I-

(e) Any member or beneficiary who is entitled to ------- -----------~------- have legal services furnis~e~-or-Eaicl?o~-~ the ----- ----------- ---- -------- - ._-___ -- organization may

.---- ----------- r----------------------------

so desires if such member or beneficiary

select counsel other than that fur- ---;-----~-'------.-~~~ nxshed

--L------------------- ------L.-__..T.------- selected or approved by the organization ----7---- for theartlcular matter lnvolvea;-%dthe----- ---.--_ ---_----------- l..qal service @n of such organization-Erovides ------:-------- ------------ ---- gpproprlate relief for orbeneTic$a@ any member .-I-----I-----‘--- who asser.ts a claim that

--..--.---~-------- representation --------T---------------- by coun-

se1 furnished ---------- ------

selected or ----T- L--.----_-,__l amroved would be unethical

----------- improper or inadequate under the cir- --------r-- -- ---------__- -----1-------

cumstances of the matter involved and the plan ----7------ ~--------__l ------I_ provides an appropriate procedure for seekinq GZFTGiief-- ---- ------- ----- -------z

(f) The lawyer does not know or have cause to know -------I -----~---; ---. T--‘----7--------------- that such organization is In violation of ap- -T---------- ----------_----------- - pgcable laws -7---- ---L--- __._ -~--?-------- ---. rules of court and other legal requirements that govern its legal service -- Gerations,------ --------- ---- --

-------

La------- The lawyer furnishes the Lawyers Professional ------------- ResEonsibility-Board~inZormation as it may rea- --- --T--- sonabiy_require-reiatTnq-to-his-comEliane with --7--- ---Y-------- this Code-in-renderTnq-services to the-&%&%- ---------;---;-- ----- ---____ -----_------ or beneflclarles -------- -----I

-15-

-16-

r ,-. *

-17- *

_ . . . . ._ -.

(A) --- A lawyer who has given in-person unsolicited advice to .------ --.------ --I------------------------ layperson that he should obtain counsel or take legal .--I---------------------~--------T------------ -- action shall not -T-7---------------- advIce

accepg_gmp&gyment resulting from that except that:

-_----------- ---------- ------L---m- -----

(1) ---- A lawyer may accept employment by a close friend .----- .--- --- ---- ---- -- .------ relative,

--7---T--------L former client (if the advice is qermane to --~--~--~--~-~-l_-~--_._-~-~-~~I--~--~-~ -------_

the former employment) -I---_ ------- -- -.----L----------- -_-- ----- or one whom the lawyer rea- sonably believes to be a client

--_--_-- ---- -------I-------.----I

(3) ---_

a

A lawyer may-accept employment that results from his ---- . ---- ----- I - particiEZtion in actlvlties-des~~ne~-~~-~~~~~~~-i~~~ ---------~-------------- ------------7--- persons to recognize legal problems -----------5'----. to make lntellz- gent selection

----.-- --- counsei, of

-- ----. &-;-- .----- -; ------- - or to utilize available

legal serv~es~T-such-activities-arc-conduc~~~-~~ ----- ---- ----._-- ~-7 ----.-. - ---.-.- 7-------------7-- gg;sored b y a qualified legal assistance organiza- - ----- --------- ------

. --_-_-

A lawyer who is recommended .--_--_- furnished or T-------------T-------L----;---T--‘--- qgalifled 1 %a1

paid by a -___- -- assistance organization enumerated in --_------ ----.---------- _---~---~-_~--~-~-~~--

DR 2-103(D)(l) through (4) may represent a member or ----.,-- ------ ---- -..- beneficiary thereof

----___- --- -_---------------- -TT------- to the extent and under the con- --------L-----------------y------------- ditions prescribed therein. ------- -----------------

(4) Without affecting his right to accept employment, a -_-- --------------~ ------- ---------- ---- -- lawyer may speak Eublicly or write for publica?i?%on -.--.--- _----_--.-----_ .---; ---- -;----- zi$a1Iiopics_so long as he does not emphasize his own ------------------ -__----------- professional experience or reputation and does not --.T-------- ---- ------ under~a~e-to-qTve-rn~~~~~~~~-advlce. ----------- -_--------------------

(5) ---_ If success in asserting riqhts or defenses of his ---?-------~~----?---~ --- client In litlqation in

-------------_------- ~--T--------- the nature of a class act -------~~------------------------ is dependent ueon the Joinder -WV-- ------_- ------- of others accept,

---------------L-----P -- but shall not seek

a lawyer --- --------------------L--- -- employment from those contacted for the purpose of obtain?@-%eTr

----- T----------------- -- lolnder

-x_---------- ------ w-m---'

ion --- may ---

-19-

* * *

DR 2-105. b&r&&a&ert Description of Practice --w--m ----

(A) A lawyer (or law firm) shall not hold himself (or itself) -------7--.- out publicly-as-a-specialist e~-as-E~~l~~~-~~s-~~~~~~~e~

as-practicing in certain fields of law or as not --;--w-w ----------------------------------- $r;;;;;fng in certain fields of law as permitted under DR ------------------------L--- ----------------- ----m---L---- ---------_-.-- except as follows:

(1) A lawyer admitted to practice before the United States Patent and Trademark Office may use the desig- nation

-----_------- "Patents," "Patent Attornev," BP "Patent

Lawyer," or "Reqistered Patent Attorney" ---------------T----- - or any combination-of-those terms, on his letterhead and

1 -- A lawyer who (or a law firm which) publicly discloses ---7-- flelds-oT-iaw-Tn-whTch-the-lawyer-Tor-th~-l~~-~~~~~-- ----.--.-------------T---.--------- ----------T---------. practices or pub.l_tcly states that he (or it) does not -----;"----- ---- --_--_--~--_--__- practice in one or more fields of law shall do so by -I----------T------T-~-------------I------- using the following designated fields of practice ---- ~------~_---- ----- ---__-----__-_ -------1. pl&s any others duly authorized and approved by this e-w- - ---- -- ---- -- - -------- - ---- --- Court or

--.----- ----.- any body to which this Court may delegate ------------- --__- -----------_--------- ---I- ---

its authority from time to time: ----------- ---------_---------

Administrative Agency Matters ----------_----- --- --__---- Admiralty Law --_----- ---- Antitrust and Trade Regulations ----';-- ---- -----.'----.-- -------- Banking and Creditor Law --.---- -~~--_---_-~--_--- Constitutional Law -----------~----- Consumer Claims and Protection ------ ------._--- ---; ----I- ------ Corporate and Business Law --- ------.--------------- Corporate Finance and Securities --- ~-------------------------- Credit -'Debt and Bankruptcy Problems ----l--------T---------- -- --------- Criminal - Criminal and Traffic Charges ----------------------------------- -- Damages - Personal InJury and Property ---- ---------------- -- ------mm ---

Damage Claims -_- --------

.

-2o-.

Environmental Problems ----------7----------- Family - ---- Divorce and Family Matters -------T--------TI- ------- General Practice - Family Farm and --------------;-------- r----s--w

Small Business Matters ------; _-------.--.-- ---- General Trial Practice - Civil -----------7-T----------------

(Non-Criminal) Claims Lawsuits --r--------------.---L--- ----- - and Appeals ----- --- -

Governmental - Claims Contracts ----------------~----L--________L Indian Affairs ------ ---------

International and Foreign Law -----------_--_-------- ----- Labor T,aw - _. ----;----; Leqislatron and Legislative Appearances Ie..------------ ---------- Military Law

-------- ----T-T- ---- Municipal and Governmental Law and Finance Natural

-.-------------I--------------5----- Resources - Timber Water 011 and ---------------------~----~-----~----~-

Gas and Mining Rights -_------_---- --- --- Patent I--T-I_-____~_____-_;_-_ -- ------ Pension

Trademark and Copyright Law -.w--mL-.T---- ----- -;--; Profit Sharing and Employee Benefits Personal Riqhts - Civil-R$$ts -Mi6o~~~y-%$hts ---------.‘L--T-T---T----- .--0r-------

and Discrimrnation --- ---

Probate-~-WiLTs--Estates, Guardianships ---------------L-----7-------------- -..I.------- Trusts and Estate Plannl.ny '. Publ ic-vtiiify-MaSte;:'--

---- ----- ---- ---_--__- Real Estate - Sales Leases Eminent Domain --------------.--"--.L--------L-------_;----_;---r

Real Estate Development and Financing: -‘--------‘T-;--;.------ Taxation 0

-----:----------- Individual and Business -----------;-------_-.----T-.-------

Transportation Law - Carriers ----- Aviation ---.------------------1----L--- Workers Compensation ---- ---- ---- --------

(3) ---_ A lawyer who is recognized under a certification ---w-_ ---------_---_ ^^,Is 3--z -..- L 1- ~.------------3------~i-----~ --I _~~ seIL-ueslynatron or otner -----.---- regulated pian or -- -~~~ ~ speci- alization in a particular --------------- tield of law or law practice under

_--- aut~ority--o?--t~is-co~~-~~-hereafter ,,,,=~~---------------- ---~----------------------

or rules to be duly adopted by this Court or --------_- -_---_--_ ---_ ,. A -T---- _~ _ _~,~-TT-------- giy uouy to wnicn tnis Court may deleqate its ---- -------------_--- -7------ ---- authority from time to time --r------ -------- such,

-----y-..----------L--- may hold himself out as ---~~---~---~---~--- but only in accordance with such amendment or ----~-------- -7---------------------7-----------------

c ?_dgption; law firms may disclose publlcl- q ' --~-~------------- --__-_____ --_-__, r . . . .- _

y only sucn m-m- ---__ recmnition or individual members --- -------------- ------------I

-21-

-22-

.(