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) [See current 4-7.18(a), 4-7.18(b)(3), and 4-7.20(d) and (f)]

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 [See current 4-7.18(a), 4-7.18(b)(3), and 4-7.20(d) and
(f)]. 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46; however, it seems clear some of the restrictions found there have been withdrawn by the
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.