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Re: Advisory
Opinion 2004-02
Professional Ethics Committee
Arkansas Bar Association
Date: March
3, 2004
Subject: Use of Earned Academic Degrees on Letterheads
Issue:
This committee has been asked whether the Arkansas
Rules of Professional Conduct permit an attorney to
list an academic degree, such as LL.M. (Taxation),
on business cards and stationery.
Discussion:
In 1978 the Arkansas Supreme Court modified the Code
of Professional Responsibility (now superseded) to
allow attorneys to publicize a laundry list of approved
information. The 25 categories included academic degrees
and honors, professional associations, foreign language
abilities and other matters.
With the adoption of the Arkansas Rules of Professional
Conduct in 1986, the focus shifted from an approved
list of material to a simple restriction against anything
false or misleading. Rule 7.1 states: "A lawyer
shall not make a false or misleading statement about
the lawyer or the lawyer's services."
Accordingly
academic degrees of any type may be listed on business
cards, stationery, telephone book advertising, and
in any other medium. For example, an attorney is permitted
to list: B.A. (History), Arkansas Tech University;
M.A. (Political Science), Arkansas State University,
Ph.D. in English (University of Oklahoma), J.D. (summa
cum laude), U. of Arkansas at Little Rock. LL.M. (Agricultural
Law), University of Arkansas. The only requirement
is that the statement be truthful.
Rule 7.4
restricts the use of term "speciality" or
its variations to discrete categories. Currently some
Arkansas attorneys have been certified as tax specialists
(through December 31, 2005) and only those may so
describe themselves in advertising mediums. However,
we do not believe that listing an LL.M. in Taxation
violates this specialization rule. The designation
does not use the term specialization, nor does it
improperly imply a specialization.
Conclusion:
A lawyer may list earned degrees, including law degrees
and advanced law degrees, on stationery, business
cards, and all other type of media.
NOTICE
"This
is an opinion only of the Arkansas Bar Association
which is a voluntary association of attorneys licensed
to practice in the State of Arkansas, and reliance
thereon is voluntary and relieves any Association
member from liability for the content hereof. This
opinion is intended to be the Association's best interpretation
of the Model Rules of Professional Conduct as promulgated
by the Supreme Court of Arkansas as that code applies
to the written facts presented to the Committee."
ARKANSAS
BAR ASSOCIATION
By: ____________________________________
Howard W. Brill
Reporter
Professional Ethics Committee
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