OPINION 333
August 1967

ADVERTISING SHINGLE And BUILDING DIRECTORY It is improper for an attorney who is also a State Senator to place in his building directory and on his office door his title "State Senator" as well as "Attorney at Law."

Canons 24, 39.

Question

Is it proper for a member of the State Bar, who is a State Senator, to list in the directory of the building in which he offices, and to place on his office door, his name followed by his title "Attorney at Law" and also his name followed by his title "State Senator"?

Opinion

Three members of the Committee feel that while there may be a certain amount of advertising in the listing of "State Senator" as well as "Attorney" on the building director' and office door, the element of advertising is so slight that it is outweighed by the convenience afforded to people looking

for the State Senator, and should not constitute a violation of any of the Canons. The majority of the Committee, however, feels that such designations are not authorized by. Canon 39 and would constitute advertising in violation of Canon 24.

In Drinker, Legal Ethics, page 231, it is stated that "while some years ago the American Bar Association approved certain designations on the shingles which it did not sanction on a letterhead, the rule is now the same for both." In Opinion 11 (February, 1948), this Committee ruled that an attorney may not state on his professional card that he is a State Senator or State Representative and consistent with the recent opinions of the American Bar Association Professional Ethics Committee we stated in Opinion 282 (March, 1964) that the test is whether the sign (shingle) is intended to and calculated to enable persons looking for a lawyer, already selected, to find him, or to attract the attention of persons who might be looking for a lawyer but not for that particular lawyer. We further said, in Opinion 285 (June, 1964), that a shingle should simply identify the person as an attorney. Consistent with those rulings we here hold that an attorney may not be designated both as an attorney and as State Senator on his building directory and his office door. (6-3.)