CI-797
July 8, 1982
SYLLABUS
Lawyers may write a column in a newspaper providing that the lawyers do not give individual advice. It would be improper for them to suggest that the readers submit questions to the lawyers addressed to their professional office location.
TEXT
An opinion has been requested as to whether your recently opened law offices can write a column entitled "Ask the Lawyers" in a neighborhood newspaper, in which you would respond to inquiries from the readers. You state that you intend to write general answers only giving as an example the first column which would answer the question as to why one should have a will. You also request an opinion as to whether you could request readers to direct any questions that they might have to your law firm rather than to the newspaper itself.
Even before the Michigan Supreme Court adopted Administrative Order 1978-4, DR 2-104(4) permitted a lawyer to write for a publication on legal topics so long as the lawyer did not emphasize his or her own professional experience or reputation and did not undertake to give individual advice. CI-216 specifically stated that a lawyer might publish a continuing series of newspaper articles as long as the lawyer does not emphasize his or her owns professional experience or reputation and doesn't give individual advice. CI-307 ruled that a lawyer could conduct a radio program dealing with legal problems in a general nature in which his or her name is mentioned and states that the opinion also applied to newspaper columns. However, this opinion specifically prohibits the request by the columnist to the readers to submit any additional questions to the lawyer's office. Many opinions prohibit a lawyer from participating in a question box type of newspaper column in the situation where the lawyer-columnist answers individual legal problems of members of the public. See CI-38 and C-106. C-119 while dealing with a lawyer participating in a radio program, would also apply to a lawyer conducting newspaper columns answering legal questions. This opinion stated that it would be improper for the lawyer to answer legal questions when the answers are to apply to the legal problems of any individual or to furnish legal advice to the audience or to solicit professional employment.
It should be pointed out that when the Supreme Court adopted Administrative Order 1978-4, which permitted advertising, they specifically stated that all disciplinary rules in conflict with their order were suspended for one year (and later suspended indefinitely) except for DR 2-103 and DR-2-104. DR 2-104(A) would prohibit the lawyer from giving individual advice in any newspaper column and this disciplinary rule still applies. Many ethics opinions previously given indicate that by a lawyer answering individual questions the lawyer is giving individual advice to persons who are not the lawyer's clients. These opinions have also suggested that such a procedure of answering individual questions might well amount to solicitation of business.
Therefore, the lawyers in the firm may properly publish a continuing series of newspaper articles using the lawyer's name in a neighborhood newspaper but may not request the readers to direct questions to the offices of the law firm rater than to the newspaper itself. You should follow each article with a disclaimer in which you state that the column gives general information only and does not intend to be a substitute for qualified personal legal services. See CI-307 that suggests the following disclaimer be attached to newspaper articles. "The advice given in this column is general in nature. Due to the complexity of many legal issues, the result of any matter may vary depending on the circumstances. Specific problems should be directed to your own lawyer. You are encouraged to submit questions you may have to XXX newspaper."