The Florida Bar

February 10, 1971

An attorney may send to a select list of attorneys an announcement of his availability to consult or associate in appellate cases.

Canon: 46
CPR: DR 2-205(A)(3)

Chairman Massey stated the opinion of the committee:

An inquiring attorney desires to send out to a select list of attorneys a letter advising of his availability to act as a consultant or an associate of other attorneys in a particular branch of law (specifically appellate practice). He intends to make one mailing per year. He will not restrict himself to consultant or associate representation with other attorneys, but will also accept direct retainers for his service from lay persons.

CPR DR 2-105(A)(3) authorizes distribution of a dignified announcement of such availability not more than once yearly. The proposed announcement does not contain a representation of special competence or experience which is forbidden by the rule. The inquiry was controlled prior to the CPR by Canon 46; however, it seems clear some of the restrictions found there have been withdrawn by the CPR

The Committee therefore approves the distribution of the letter as proposed but reiterates as a general principle that attorneys may not ethically solicit employment, even from other attorneys, except to the limited extent expressly authorized by the CPR.

[Revised: 08-24-2011]