ETHICS OPINION 284-1931

NUMBER 284 1931

Question. An attorney for years past has specialized in the practice of real estate law and in connection therewith has placed mortgage loans with institutions for clients, and has also made such loans with the capital of a company of which he is part owner. Under these circumstances, would it, in the opinion of the Committee, be improper for him to insert advertisements in some daily paper and in various publications of the real estate field substantially as follows:

 

MONEY AVAILABLE FOR BUILDING LOANS AND

FIRST AND SECOND MORTGAGES.

John Smith, Attorney at Law 

Address:

Telephone:

or

 

FIRST AND SECOND MORTGAGES AND BUILDING LOANS NEGOTIATED.

John Smith, Attorney at Law 

Address:

Telephone:

 

Such advertisements being intended merely to solicit applications for mortgage loans, which, through his connections he can procure, and in no wise intended to solicit law business.

Answer. In the opinion of the Committee, the proposed advertising contravenes Canon 27 of the Canons of Professional Ethics of the American Bar Association, in that it tends to lower the essential dignity of the profession and to constitute a solicitation of professional employment or the solicitation of business or employment because the advertiser is a lawyer. It is therefore disapproved. (See Canons 27 and 43, and Opinion 24 of the Committee on Professional Ethics and Grievances of the American Bar Association.)

 

The Committee would not deem either of the proposed advertisements improper if the words “Attorney at Law” were omitted and no substantially equivalent term substituted. (See Opinion 114.)