Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
12/05/2000
Opinion Number:
00-10
Title:
MEDIATION
Opinion:
You state:
“My law office provides administrative service to a small group of Iowa lawyers including senior judges who serve as neutrals in mediation and arbitration cases. I do so pursuant to an agreement with each lawyer in the group. See Formal Opinion of the Board 97-14, December 10, 1997. The agreement is followed strictly. The availability of ADR services pursuant to the agreement is communicated to lawyers through a dignified notice in The Iowa Lawyer Magazine or similar professional publications. Our ADR rules and the names of group members are also published in a web site ___________ which by its content and presentation is intended specifically for lawyers. Our agreement and practice exclude communications directed to non-clients or the general public.
I write to you because many honorable and competent Iowa lawyers have asked me to recognize their willingness to service as mediators and arbitrators, often in specific practice areas, by maintaining a list which would be communicated only to lawyers in the manner described above. The listing for each lawyer would contain name, address and (if so indicated) area of practice. Professional biographical materials might also be included in the style of The Iowa Legal Directory or Martindale-Hubbell. Each lawyer would pay a reasonable fee for his or her listing. The concept is limited to a law list. There would be no case referral function.
I request your opinion, in advance of any such action, that a list maintained and communicated by me as described above would constitute a ‘reputable law list . . . intended primarily for the use of the legal profession’ and thus be entitled to the DR 2-101(C) exemption.”
The Board is of the opinion that the restrictions in the Iowa Code of Professional Responsibility for Lawyers on language permitted to be used in advertising by lawyers are for the protection of the public not the protection of lawyers. Therefore, as long as the format described in your request for opinion is followed strictly it would not be improper and no further declarations are necessary by the Board.