The Florida Bar

Ethics Opinion

Opinion 70-61

February 10, 1971
Advisory ethics opinions are not binding.
An attorney may send to a select list of attorneys an announcement of his availability to consult
or associate in appellate cases.

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found there have been withdrawn by the CPR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.