The Supreme Court of
Professional Ethics
Committee
*1 Opinion Number
550
May
2004
QUESTION
PRESENTED
May a lawyer use, in
connection with his or her name, the titles "Doctor," "Dr.," "Doctor of Jurisprudence," or
"J.D." in social and professional communications?
STATEMENT OF THE
FACTS
A
DISCUSSION
In September 1968,
this Committee issued an opinion concluding that a lawyer in most circumstances
could not ethically use titles such as "Doctor," "Dr.," or "J.D." "... orally or in writing, professional or otherwise ...." because
such use was self-laudation prohibited by Texas Canon 24, which at the time was
the disciplinary provision that forbade lawyer advertising. Opinion 344
(September 1968). Opinion 344 noted that under Texas Canon 24 "...
self-laudation [was] prohibited both because it is a type of advertising or
solicitation and because it tends to lower the tone of the profession." The
earlier opinions relied upon by the Committee to support Opinion 344 were all
likewise concerned with the self-laudatory/advertising aspect of using any title
or other information in connection with an attorney's name. Opinion 198 (June
1960) prohibited mention of membership in bar associations on letterhead;
Opinion 291 (June 1964) prohibited use of "B.B.A., LL.B., C.P.A." on letterhead;
Opinion 306 (September 1965) prohibited inclusion of military rank and retired
status on professional cards; and Opinion 331 (December 1966) prohibited use of
"Tax Attorney" or other designation of a specialized legal field on letterhead
and professional cards.
Today, in light of
State-Bar-approved legal specialization and lawyer advertising, the stated basis
for Opinion 344 no longer exists. However, even though self-laudation is not now
a significant concern, the issue addressed in Opinion 344 requires consideration
of the provisions of the current Texas Disciplinary Rules of Professional
Conduct (the "Rules") that prohibit any form of communication that is false or
misleading.
While the Rules
themselves do not specifically forbid a lawyer who is a graduate of an
accredited law school with a Juris Doctor or Doctor of Jurisprudence degree from
using "Dr." in social or business communications, there are Rules that limit the
use of such titles if such use is false or misleading. Rule 7.01, Firm Names and
Letterhead, provides in pertinent part:
"(a) A lawyer in private practice shall not practice under ...
a name that is misleading as to the identity of the lawyer ....
*2
....
(f) A lawyer shall not use a ... professional designation that
violates Rule 7.02(a)."
Rule 7.02,
Communications Concerning a Lawyer's Services, states in relevant part:
"(a) A lawyer shall not make a false or misleading
communication about the qualifications ... of any lawyer or firm. A
communication is false or misleading if it:
(1) contains a material misrepresentation of fact ..., or omits a
fact necessary to make the statement considered as a whole not materially
misleading;
(2) is likely to create an unjustified expectation about results
the lawyer can achieve ...."
Finally, Rule 7.04,
Advertisements in the Public Media, states in relevant part:
"b) A lawyer who advertises in the public media:
....
(2) shall not include
a statement that the lawyer has been certified or designated by an organization
as possessing special competence or a statement that the lawyer is a member of
an organization the name of which implies that its members possess special
competence, except ... [accurate statements as to certification of
specialization as allowed or approved by the Texas Board of Legal
Specialization]."
The Committee is of
the opinion that under the Rules the use of the title "Dr.," "Doctor," "J.D." or
"Doctor of Jurisprudence" is not, in itself, prohibited as constituting a false
or misleading communication. The Committee recognizes that other professions,
such as educators, economists and social scientists, traditionally use title
"Dr." in their professional names to denote a level of advanced education and
not to imply formal medical training. There is
no reason in these circumstances to prohibit lawyers with a Juris Doctor or
Doctor of Jurisprudence degree from indicating the advanced level of their
education.
However, while use of
the title alone is generally permitted, the context in which the title is used
may cause use of the title to be a false or misleading communication. For
example, a lawyer otherwise qualified to use the title of "Dr." who advertises
as "Dr. John Doe" in a public advertisement for legal services in connection
with medical malpractice or other areas involving specialized medical issues may
be making a misleading statement as to the lawyer's qualifications and may be
creating an unjustified expectation about results the lawyer can achieve. Unless
accompanied by an appropriate, prominent statement of qualifications and
disclaimers, such use of the title "Dr." could readily mislead prospective
clients and thus violate the Rules. Compare Comment 2 to Rule
7.02.
CONCLUSION
The Texas Disciplinary
Rules of Professional Conduct permit a lawyer who is a graduate of an accredited
law school with a Juris Doctor or Doctor of Jurisprudence degree to use the
titles "Dr.," "Doctor," "Doctor of Jurisprudence," or "J.D." in social and
professional communications so long as such
use is not false or misleading in the specific circumstances.
END OF
DOCUMENT