Ohio Prof.Cond.R. 7.4

History

Comment [1] Division (a) of this rule permits a lawyer to indicate areas of practice in communications about the lawyer’s services. If a lawyer practices only in certain fields, or will not accept matters except in a specified field or fields, the lawyer is permitted to so indicate. [2] Divisions (b) and (c) recognize the long- established policy of the Patent and Trademark Office for the designation of lawyers practicing before the office. Division (d) recognizes that designation of Admiralty practice has a long historical tradition asso ciated with maritime commerce and the federal courts. [3] Division (e) permits a lawyer to state that the lawyer is a specialist in a field of law under specified circumstances. Certification signifies that an objective entity has recognized an advanced degree of knowledge and experience in the specialty area gr eater than is suggested by general licensure to practice law. Certifying organizations may be expected to apply standards of experience, knowledge, and proficiency to ensure that a lawyer’s recognition as a specialist is meaningful and reliable. In order to ensure that consumers can obtain access to useful information about an organization granting certification, the name of the certifying organization must be included in any communication regarding the certification. Comparison to former Ohio Code of Professional Responsibility Rule 7.4 is comparable to DR 2- 105 except that it permits a lawyer to state that he or she is a “specialist,” practices a “specialty,” or “specializes in” particular fields, subject to the “false and misleading” standard contained in Rule 7.1. Comparison to ABA Model Rules of Professional Conduct Rule 7.4(a) is modified to include the existing ability of a lawyer to indicate that the lawyer’s practice is limited to or concentrates in particular fields of law. Division (c) is added from DR 2-105(A)(1) and the remaining divisions are relettered.