Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
09/11/2003
Opinion Number:
04-02
Title:
WEBSITE: “WHOSHOME.COM”
Opinion:
You have been contacted by a company that assists home owners in selling their homes. This company intends to expand to your city and wants to list you on its website as an attorney who provides residential real estate services for “for sale by owner” buyers and sellers. The company would not be charging you any fee for listing you on its website. You would have no obligation to take any particular client, and the company would not receive a fee if you represented any client.
The sample page from the website’s listing of such real estate attorneys simply lists the names, addresses and phone numbers of attorneys willing to provide real estate services for such buyers and sellers in a particular metropolitan area.
This type of advertising program is permitted under DR 2-101(B)(5). Thus, Iowa lawyers may allow the publication of information permitted by DR 2-101(C) in such advertisements. However, the inclusion of your name on the company’s website would appear to be a “designation” of real estate law as an area of practice. Prior to such listing you must have filed your certification to “designate” real estate law with the Commission or on Continuing Legal Education pursuant to DR 2-105(B) and (C) of the Iowa Code of Professional Responsibility.