Rule 7.4.Communication of Field of Practice
(a)A lawyer may communicate the fact that the lawyer does or does not
practice in particular fields of law. A lawyer may state or imply that the
lawyer is a specialist in accordance with Rule 7.1.
(b)A lawyer admitted to engage in patent practice before the United
States Patent and Trademark Office may use the designation "Patent Attorney"
or a substantially similar designation.
(c)A lawyer engaged in admiralty practice may use the designation
"Admiralty", "Proctor in Admiralty" or a substantially similar designation.
(d)A lawyer may permit his or her name to be listed by a lawyer
referral service in specific fields of law in which the lawyer will accept referrals.
(e)A lawyer available to act as a consultant to or as an associate of
other lawyers in a particular branch of law or legal service may distribute
to
other lawyers and publish in legal journals an announcement of such
availability. The announcement may state that the lawyer is a specialist, in
accordance with Rule 7.1.
(f)In any advertisement in which a lawyer affirmatively claims to be
certified in any area of the law, such advertisement shall contain the
following disclosure: "Colorado does not certify attorneys as specialists in
any field." This disclaimer is not required where the information concerning
the lawyer's services is contained in a law list, law directory or a
publication intended primarily for use of the legal profession.
(g)A lawyer purchasing a private law practice under Rule 1.17 may allow
the lawyer's
qualifications to be described by the lawyer selling the private law
practice.
|
ANNOTATIONSSource:
(g) added and adopted June 12, 1997, effective July 1, 1997;
entire rule and comment amended and adopted
and committee comment deleted June 12, 1997,
effective January 1, 1998.
COMMENT
This Rule permits a lawyer to indicate areas of practice in communications
about the lawyer's services, for example, in a telephone directory or other
advertising. If the lawyer practices only in certain fields, or will not
accept matters except in such fields, the lawyer is permitted to so
indicate.
Recognition and specialization in patent matters is a matter of long
established policy of the Patent and Trademark Office. Designation of
admiralty practice has a long historical tradition associated with maritime
commerce and federal courts.
In some instances, a lawyer confines his or her practice to a particular
field of law. A lawyer may indicate in permitted advertising, if it is
factual, a limitation of the practice in one or more particular areas or
fields of law in which the lawyer practices.
The legal profession has developed referral systems designed to aid
individuals who are able to pay fees but need assistance in locating lawyers
competent to handle their particular problems. Use of the lawyer referral
system enables a lay person to avoid an uninformed selection of a lawyer
because such a system makes possible the employment of competent lawyers who
have indicated an interest in the subject matter involved.
Rule 7.4 requires disclosures when attorneys claim to be certified in a
particular area of law. This rule recognizes the fact that colorado does not
certify lawyers in any field of practice and seeks to protect the public from
the impression that a lawyer's claimed expertise signifies the lawyer has
proven such claimed expertise through any type of colorado certification
process. It should additionally be noted that the rule requires compliance
with Rule 7.1, and thereby Rule 1.1, in reference to a lawyer's claim of
expertise or limitation of practice to particular fields of law. Therefore,
a lawyer is prohibited from claiming expertise or emphasis in a field of
law unless the lawyer has or develops the legal knowledge, skill,
thoroughness and preparation reasonably necessary for representation of
clients in
that field of law.
A claim of certification contained in a lawyer's letterhead does not
require the disclaimer in Rule 7.4(f) unless the letterhead is used in an
advertisement.
ANNOTATION
Annotator's note.
Rule 7.4 is similar to
DR 2-101, DR 2-102, and DR 2-105
as they
existed prior to the 1992 repeal and reenactment of the Code of
Professional Responsibility.
Relevant cases construing
DR 2-105 have
been included in the annotations to this rule.
Cases construing DR 2-101 and DR 2-102 have been included under Rule 7.1.
Cases Decided Under Former DR 2-105.
Law reviews.
For formal opinion of the Colorado Bar Association Ethics Committee on
Lawyer Advertising, Solicitation and Publicity, see 19 Colo. Law. 25 (1990).
|