Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
09/18/2002
Opinion Number:
02-03
Title:
ADVERTISING: FIRM NAME ON PENS Rescinded. See Opinion 09-01
Opinion:
Rescinded. See Opinion 09-01
You advise your firm would like to distribute pens to firm clients with the firm’s name printed on the pens. You further advise that the pens will contain no information other than the firm’s name and will be distributed exclusively to current clients as a token of appreciation at the time documents are executed and on similar occasions.
While prior Ethics Opinion 80-31 of July 1, 1980, would seem to totally ban distribution of pens containing the name of a law firm, that is not the case. That opinion was meant to deal only with the distribution of pens containing firm name, address, and telephone number, to prospective clients. Your distribution of pens, containing only the firm name, will be to established firm clients on appropriate occasions, such as at the time of signing documents.
Since your proposed distribution of pens will be to those who are already firm clients your gift of a pen, presumably of minimal value, would not be for the purpose of solicitation of a new client, and thus would not be advertising subject to DR 2-101 of the Iowa Code of Professional Responsibility for Lawyers. Your proposed distribution, in the manner you have described, would not be improper.