Opinion 2002-8
(October 2002)

The inquirer is a licensed practicing attorney. He is also licensed real estate salesperson. He would like to indicate on his real estate literature, business cards, ads, etc. that he is also an attorney by using either "Esquire," "J.D." and/or similar designation. He also advises that he intends to make full disclosure, where appropriate, as to the professional services he is providing, i.e. salesperson or attorney.

Pennsylvania Rule of Professional Conduct 7.1 provides in part that, "A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services." Since the inquirer is both a licensed attorney as well as a licensed real estate salesperson there is no prohibition in the Pennsylvania Rules of Professional Conduct which would prohibit him listing his attorney status on his real estate business cards, etc. providing he maintains his current law license.

The Committee points out that Pennsylvania Rule of Professional Conduct 5.7, which addresses an attorney's responsibilities regarding the provision of both legal and non legal services to individuals. Since the areas of real estate sales and real estate law are closely related, the Committee urges the inquirer to carefully review the provisions of Rule 5.7 and act accordingly when it is appropriate to do so.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The Philadelphia Bar Association's Professional Guidance Committee provides, upon request, advice for lawyers facing or anticipating facing ethical dilemmas. Advice is based on the consideration of the facts of the particular inquirer's situation and the Rules of Professional Conduct as promulgated by the Supreme Court of Pennsylvania. The Committee's opinions are advisory only and are based upon the facts set forth. The opinions are not binding upon the Disciplinary Board of the Supreme Court of Pennsylvania or any other Court. They carry only such weight as an appropriate reviewing authority may choose to give it.