Ethics Opinion

Opinion 78-10

FLORIDA BAR ETHICS OPINION
OPINION 78-10
November 25, 1980
Advisory ethics opinions are not binding.
It is permissible for an attorney to purchase a yellow page listing in a local telephone
directory that is not prepared by the local telephone company.
Note: Lawyer advertising rules are now in Rules Regulating The Florida Bar 4-7.11
through 4-7.22.
CPR:
Opinions:
Cases:

DR 2-101, DR 2-102, DR 2-102(A)(5), EC 2-1 through EC 2-15
74-28, ABA Opinion 325
The Florida Bar re: Amendment to The Florida Bar Code of Professional
Responsibility (Advertising), 380 So.2d 435 (Fla. 1980).

Mr. Livingston stated the opinion of the committee:
An attorney inquires regarding the propriety of purchasing a yellow page listing in a local
telephone directory that is not prepared by the local telephone company. Our opinion is that it is
now permissible for an attorney to purchase a yellow page listing in a local telephone directory
that is not prepared by the local telephone company.
Our opinion is based upon the recent modifications to the Code of Professional
Responsibility, as set forth in The Florida Bar re: Amendment to The Florida Bar Code of
Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980). This decision adopts new
Disciplinary Rules 2-101 and 2-102, and new Ethical Considerations EC 2-1 through 2-15.
Further, this decision effectively reverses Florida Ethics Opinion 74-28 [since withdrawn] in its
interpretation of then DR 2-102(A)(5) of the Code of Professional Responsibility. Our prior
opinion, Florida Ethics Opinion 74-28, followed ABA Opinion 325, issued in June 1968. Both
our prior opinion and ABA Opinion 325 seem to be correct interpretations of then DR
2-102(A)(5). Disciplinary Rule 2-102 has changed though, and the prior opinions must fall. This
inquiry appears to this Committee to fall directly within the arrangements clearly authorized by
the Florida Advertising case. Therefore, this Committee answers the inquiry in the affirmative.