August 1958

LAW REVIEWS - IDENTIFICATION OF CONTRIBUTING AUTHORS BY LISTING FIRM NAMES - The Canons of Ethics do not apply to law reviews published within this state.  The policies of a law review are solely within its discretion.  However, it is thought that the better practice for identifying contributing lawyer authors is to list only the lawyer's name and the city in which he practices, and not include an indication of his firm's name.


Practicing attorneys who author articles appearing in a law review published in the state are presently identified by name and a footnote indicating only the city in which they practice.  Would there be any violation of the Canons of Ethics if the name of the firm with which the author is associated were also included in the identification?


The Canons of Ethics of the State Bar were promulgated for the purpose of governing the professional conduct of the members of the State Bar.  Therefore, the committee is of the unanimous opinion that the conduct of a law review is not subject to the Canons of Ethics simply because it is a lay organization and not a member of the Bar.

Although considering the policies of a law review to be solely within its discretion, five members of the committee expressed the opinion that the better practice for identifying lawyers contributing articles would be to continue listing only the city in which they practice.

Two members of the committee, commenting upon whether there would be a violation of the Canons by the lawyer involved, suggest there would be no violation if the lawyer did not in any way request, direct or in any manner cause the name of his firm to be published in connection with the article.  One member expressed the view that because of the nature and distribution of the publication an indication of the firm name would not constitute solicitation by the attorney as contemplated by the Canons.  (8-0)