OPINION 138
December 1956

SOLICITATION -- CITY DIRECTORIES -- Where an attorney’s telephone number would appear in a city directory following his name and address only if he subscribed for it in advance of publication, otherwise the number would be listed.

SOLICITATION -- CITY DIRECTORIES -- An attorney may properly have his telephone number appear in a city directory following his name and address even though the condition on its appearance is that he subscribe for the directory prior to its publication.

Canon 24.

Question

Publishers of a city directory solicited subscriptions to said directory from attorneys on the proposition that if the attorney subscribed in advance the price would be $35.00 and for that price he would not only receive the directory but would also have his telephone number shown following his name and address, both in the alphabetical and in the classified sections. Further, that if the attorney did not subscribe in advance the cost of the directory would be $45.00 and his telephone number would not be listed. The question propounded: Is it a violation of the Canons of Ethics for a lawyer to have his telephone number shown in such directory under these circumstances?

Opinion

The publication of his telephone number along with the attorney's name in the directory, both in the alphabetical and in the classified sections thereof, does not constitute a violation of the Canons of Ethics. The fact that some attorneys elect not to so list their telephone numbers in such directory would not make the listing of telephone numbers therein by other attorneys a violation of the Canons of Ethics. The method employed by the publisher in the case in question is not approved. It would seem the difference in price for subscription before and after publication would be sufficient, and that the telephone numbers of all attorneys should be listed following their names, should they so desire, regardless of whether or not they subscribed before or after publication. Nevertheless, it is the unanimous opinion of the committee that it is not a violation of the Canons of Ethics for an attorney to have his telephone number shown in such directory under the terms prescribed by the publishers of such directory in the case in question. (9-0)