Firm May Include ‘Of Counsel’ Lawyers In Ads, but Must Be Truthful About Status

Lawyers who are not members or employees of a law firm may be included in the firm’s advertisements, letterhead, and other communications so long as they have close, regular, continuing, and personal associations with the firm and any limitations in the relationship are adequately conveyed, the Arizona bar’s ethics committee advised in an recent opinion (Arizona State Bar Committee on Rules of Professional Conduct, Op. 12-01).

The committee cautioned that the firm will run afoul of advertising rules if it identifies a lawyer as being “of counsel” when its relationship with the lawyer does not merit use of ...