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NUMBER 486
QUESTION.
An attorney who has specialized in aviation law for a number of years and has written a legal textbook on the subject and numerous law review articles, has been asked by a commercial publishing firm to write a book concerning air travel, to be sold to laymen as well as attorneys.
He asks that he be reffered to any Canons of Ethics or Committee Opinions which deal with or bear upon the writing of books by attorneys, and says “this book is intended mainly to acquaint attorneys and the traveling public with the intricasies of air travel. Apparently the publishers have chosen me as author because of my background as a former military and commercial airplane pilot, and because I have become familiar with aviation operations through representation of both aircraft operators, and persons having claims against aircraft operators, in my law practice. I do not intend to mention the names of any clients, nor to mention the fact that I have ever represented any clients in this field, in the writing of this book; and of course I do not intend to violate the confidence of any client, past or present.”
ANSWER.
In the opinion of the Committee there is no objection to a member of the Bar writing a book within the limitations set forth in the question.
Although there appear to be no Canons of Ethics or Committee Opinions directly in point, nevertheless reference is made to Canon 40 of the Canons of Professional Ethics as well as to Opinions Nos. 184 and 352 of the Opinions of the Committee on Professional Ethics of the Association of the Bar and our Opinion No. 466.
Care should be taken that in advertising and promoting the book there shall be no violation of Canon 27 and other applicable Canons.
Dated: January 8, 1960.