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A Lawyer Should Assist the
Legal Profession in Fulfilling
Its Duty to Make

Legal Counsel Available


EC 2-1 The need of members of the public for legal EC 2-7 Changed conditions, however, have seriously services' is met only if they recognize their legal problems, appreciate the importance of seeking assistance,2 and are able to obtain the services of acceptable legal counsel. Hence, important functions of the legal profession are to educate laymen to recognize their problems, to facilitate the process of intelligent selection of lawyers, and to assist in making legal services fully available.

Recognition of Legal Problems

EC 2-2 The legal profession should assist laymen to recognize legal problems because such problems may not be self-revealing and often are not timely noticed." Therefore, lawyers acting under proper auspices should encourage and participate in educational and public relations programs concerning our legal system with particular reference to legal problems that frequently arise. Such educational programs should be motivated by a desire to benefit the public rather than to obtain publicity or employment for particular lawyers. Examples of permissible activities include preparation of institutional advertisements and professional articles for lay publications and participation in seminars, lectures, and civic programs. But a lawyer who participates in such activities should shun personal publicity. EC 2-3 Whether a lawyer acts properly in volunteering advice to a layman to seek legal services depends upon the circumstances.10 The giving of advice that one should take legal action could well be in fulfillment of the duty of the legal profession to assist laymen in recognizing legal problems." The advice is proper only if motivated by a desire to protect one who does not recognize that he may have legal problems or who is ignorant of his legal rights or obligations. Hence, the advice is improper if motivated by a desire to obtain personal benefit,12 secure personal publicity, or cause litigation to be brought merely to harass or injure another. Obviously, lawyer should not contact a nonclient, directly or indirectly, for the purpose of being retained to represent him for compensation.

EC 2-4 Since motivation is subjective and often difficult to judge, the motives of a lawyer who volunteers advice likely to produce legal controversy may well be suspect if he receives professional employment or other benefits as a result. A lawyer who volunteers advice that one should obtain the services of a lawyer generally should not himself accept employment, compensation, or other benefit in connection with that matter. However, it is not improper for a lawyer to volunteer such advice and render resulting legal services to close friends, relatives, former clients (in regard to matters germane to former employment), and regular clients." EC 2-5 A lawyer who writes or speaks for the purpose of educating members of the public to recognize their legal problems should carefully refrain from giving or appearing to give a general solution applicable to all apparently similar individual problems," since slight changes in fact situations may require a material variance in the applicable advice; otherwise, the public may be misled and misadvised. Talks and writings by lawyers for laymen should caution them not to attempt to solve individual problems upon the basis of the information contained therein.16

Selection of a Lawyer: Generally

EC 2-6 Formerly a potential client usually knew the reputations of local lawyers for competency and integrity and therefore could select a practitioner in whom he had confidence. This traditional selection process worked well because it was initiated by the client and the choice was an informed one.


restricted the effectiveness of the traditional selection process. Often the reputations of lawyers are not sufficiently known to enable laymen to make intelligent choices." The law has become increasingly complex and specialized. Few lawyers are willing and competent to deal with every kind of legal matter, and many laymen have difficulty in determining the competence of lawyers to render different types of legal services. The selection of legal counsel is particularly difficult for transients, persons moving into new areas, persons of limited education or means, and others who have little or no contact with lawyers.18

EC 2-8 Selection of a lawyer by a layman often is the result of the advice and recommendation of third parties -relatives, friends, acquaintances, business associates, or other lawyers. A layman is best served if the recommendation is disinterested and informed. In order that the recommendation be disinterested, a lawyer should not seek to influence another to recommend his employment.19 A lawyer should not compensate another person for recommending him, for influencing a prospective client to employ him, or to encourage future recommendations.20

Selection of a Lawyer: Professional Notices and Listings EC 2-9 The traditional ban against advertising by lawyers, which is subject to certain limited exceptions, is rooted in the public interest. Competitive advertising would encourage extravagant, artful, self-laudatory brashness in seeking business and thus could mislead the layman. Furthermore, it would inevitably produce unrealistic expectations in particular cases and bring about distrust of the law and lawyers. Thus, public confidence in our legal system would be impaired by such advertisements of professional services. The attorney-client relationship is personal and unique and should not be established as the result of pressures and deceptions. History has demonstrated that public confidence in the legal system is best preserved by strict, self-imposed controls over, rather than by unlimited, advertising.

EC 2-10 Methods of advertising that are subject to the objections stated above should be and are prohibited.20 However, the Disciplinary Rules recognize the value of giving assistance in the selection process through forms of advertising that furnish identification of a lawyer while avoiding such objections. For example, a lawyer may be identified in the classified section of the telephone directory," in the office building directory, and on his letterhead and professional card. But at all times the permitted notices should be dignified and accurate.

EC 2-11 The name under which a lawyer conducts his practice may be a factor in the selection process. The use of a trade name or an assumed name could mislead laymen concerning the identity, responsibility, and status of those practicing thereunder. Accordingly, a lawyer in private practice should practice only under his own name, the name of a lawyer employing him, a partnership name composed of the name of one or more of the lawyers practicing in a partnership, or, if permitted by law, in the name of a professional legal corporation, which should be clearly designated as such. For many years some law firms have used a firm name retaining one or more names of deceased or retired partners and such practice is not improper if the firm is a bona fide successor of a firm in which the deceased or retired person was a member, if the use of the name is authorized by law or by contract, and if the public is not misled thereby."1 However, the name of a partner who withdraws from a firm but continues to practice



law should be omitted from the firm name in order to avoid misleading the public.

EC 2-12 A lawyer occupying a judicial, legislative, or public executive or administrative position who has the right to practice law concurrently may allow his name to remain in the name of the firm if he actively continues to practice law as a member thereof. Otherwise, his name should be removed from the firm name, and he should not be identified as a past or present member of the firm; and he should not hold himself out as being a practicing lawyer.

EC 2-13 In order to avoid the possibility of misleading persons with whom he deals, a lawyer should be scrupulous in the representation of his professional status. He should not hold himself out as being a partner or associate of a law firm if he is not one in fact, and thus should not hold himself out as a partner or associate if he only shares offices with another lawyer.25

EC 2-14 In some instances a lawyer confines his practice to a particular field of law. In the absence of state controls to insure the existence of special competence, a lawyer should not be permitted to hold himself out as a specialist or as having special training or ability, other than in the historically excepted fields of admiralty, trademark, and patent law.

EC 2-15 The legal profession has developed lawyer referral systems designed to aid individuals who are able to pay fees but need assistance in locating lawyers competent to handle their particular problems. Use of a lawyer referral system enables a layman to avoid an uninformed selection of a lawyer because such a system makes possible the employment of competent lawyers who have indicated an interest in the subject matter involved. Lawyers should support the principle of lawyer referral systems and should encourage the evolution of other ethical plans which aid in the selection of qualified counsel.

EC 2-16 The legal profession cannot remain a viable force in fulfilling its role in our society unless its members receive adequate compensation for services rendered, and reasonable fees should be charged in appropriate cases to clients able to pay them. Nevertheless, persons unable to pay all or a portion of a reasonable fee should be able to obtain necessary legal services, and lawyers should support and participate in ethical activities designed to achieve that objective."

Financial Ability to Employ Counsel:
Persons Able to Pay Reasonable Fees

EC 2-17 The determination of a proper fee requires
consideration of the interests of both client and lawyer."
A lawyer should not charge more than a reasonable
fee, for excessive cost of legal service would deter lay-
men from utilizing the legal system in protection of
their rights. Furthermore, an excessive charge abuses
the professional relationship between lawyer and client.
On the other hand, adequate compensation is necessary
in order to enable the lawyer to serve his client ef-
fectively and to preserve the integrity and independence
of the profession."
EC 2-18

The determination of the reasonableness of a fee requires consideration of all relevant circumstances, including those stated in the Disciplinary Rules. The fees of a lawyer will vary according to many factors, including the time required, his experience, ability, and reputation, the nature of the employment, the responsibility involved, and the results obtained. Suggested fee schedules and economic reports of state and local bar associations provide some guidance on the subject of reasonable fees. It is a commendable and long-standing tradition of the bar that special consideration is given in the fixing of any fee for services rendered a brother lawyer or a member of his immediate family.

EC 2-19 As soon as feasible after a lawyer has been employed, it is desirable that he reach a clear agreement with his client as to the basis of the fee charges to be made. Such a course will not only prevent later misunderstranding but will also work for good relations between the lawyer and the client. It is usually beneficial to reduce to writing the understanding of the parties regarding the fee, particularly when it is con

tingent. A lawyer should be mindful that many persons who desire to employ him may have had little or no experience with fee charges of lawyers, and for this reason he should explain fully to such persons the reasons for the particular fee arrangement he proposes. EC 2-20 Contingent fee arrangements" in civil cases have long been commonly accepted in the United States in proceedings to enforce claims. The historical bases of their acceptance are that (1) they often, and in a variety of circumstances, provide the only practical means by which one having a claim against another can economically afford, finance, and obtain the services of a competent lawyer to prosecute his claim, and (2) a successful prosecution of the claim produces a res out of which the fee can be paid. Although a lawyer generally should decline to accept employment on a contingent fee basis by one who is able to pay a reasonable fixed fee, it is not necessarily improper for a lawyer, where justified by the particular circumstances of a case, to enter into a contingent fee contract in a civil case with any client who, after being fully informed of all relevant factors, desires that arrangement. Because

of the human relationships involved and the unique character of the proceedings, contingent fee arrangements in domestic relation cases are rarely justified. In administrative agency proceedings contingent fee contracts should be governed by the same consideration as in other civil cases. Public policy properly condemns contingent fee arrangements in criminal cases, largely on the ground that legal services in criminal cases do not produce a res with which to pay the fee.

EC 2-21 A lawyer should not accept compensation or any thing of value incident to his employment or services from one other than his client without the knowledge and consent of his client after full disclosure." EC 2-22 Without the consent of his client, a lawyer should not associate in a particular matter another lawyer outside his firm. A fee may properly be divided between lawyers properly associated if the division is in proportion to the services performed and the responsibility assumed by each lawyer and if the total fee is reasonable.

EC 2-23 A lawyer should be zealous in his efforts to avoid controversies over fees with clients and should attempt to resolve amicably any differences on the subject. He should not sue a client for a fee unless necessary to prevent fraud or gross imposition by the client. Financial Ability to Employ Counsel: Persons Unable to Pay Reasonable Fees

EC 2-24 A layman whose financial ability is not sufficient to permit payment of any fee cannot obtain legal services, other than in cases where a contingent fee is appropriate, unless the services are provided for him. Even a person of moderate means may be unable to pay a reasonable fee which is large because of the complexity, novelty, or difficulty of the problem or similar factors.

EC 2-25 Historically, the need for legal services of those unable to pay reasonable fees has been met in part by lawyers who donated their services or accepted court appointments on behalf of such individuals. The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in serving the disadvantaged. The rendition of free legal services to those unable to pay reasonable fees continues to be an obligation of each lawyer, but the efforts of individual lawyers are often not enough to meet the need. Thus it has been necessary for the profession to institute additional programs to provide legal services. Accordingly, legal aid offices, lawyer referral services, and other related programs have been developed, and others will be developed, by the profession. Every lawyer should support all proper efforts to meet this need for legal services.$1

Acceptance and Retention of Employment

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EC 2-26 A lawyer is under no obligation to act as adviser or advocate for every person who may wish to become his client; but in furtherance of the objective


of the bar to make legal services fully available, a law-
yer should not lightly decline proffered employment.
The fulfillment of this objective requires acceptance by
a lawyer of his share of tendered employment which
may be unattractive both to him and the bar generally.c
EC 2-27 History is replete with instances of distin-
guished and sacrificial services by lawyers who have
represented unpopular clients and causes.
of his personal feelings, a lawyer should not decline
representation because a client or a cause is unpopular
or community reaction is adverse.

EC 2-28 The personal preference of a lawyer to
avoid adversary alignment against judges, other law-
yers, public officials, or influential members of the
community does not justify his rejection of tendered

EC 2-29 When a lawyer is appointed by a court or requested by a bar association to undertake representation of a person unable to obtain counsel, whether for financial or other reasons, he should not seek to be excused from undertaking the representation except for compelling reasons.5 Compelling reasons do not include such factors as the repugnance of the subject matter of the proceeding, the identity or position of a person involved in the case, the belief of the lawyer that the defendant in a criminal proceeding is guilty,7 or the belief of the lawyer regarding the merits of the civil case.

EC 2-30 Employment should not be accepted by a lawyer when he is unable to render competent service or when he knows or it is obvious that the person seeking to employ him desires to institute or maintain an action merely for the purpose of harassing or mali


ciously injuring another. Likewise, a lawyer should decline employment if the intensity of his personal feeling, as distinguished from a community attitude, may impair his effective representation of a prospective client. If a lawyer knows a client has previously obtained counsel, he should not accept employment in the matter unless the other counsel approves or withdraws, or the client terminates the prior employment." EC 2-31 Full availability of legal counsel requires both that persons be able to obtain counsel and that lawyers who undertake representation complete the work involved. Trial counsel for a convicted defendant should continue to represent his client by advising whether to take an appeal and, if the appeal is prosecuted, by representing him through the appeal unless new counsel is substituted or withdrawal is permitted by the appropriate court.

EC 2-32 A decision by a lawyer to withdraw should be made only on the basis of compelling circumstances, and in a matter pending before a tribunal he must comply with the rules of the tribunal regarding withdrawal. A lawyer should not withdraw without considering carefully and endeavoring to minimize the possible adverse effect on the rights of his client and the possibility of prejudice to his client" as a result of his withdrawal. Even when he justifiably withdraws, a lawyer should protect the welfare of his client by giving due notice of his withdrawal, suggesting employment of other counsel, delivering to the client all papers and property to which the client is entitled, cooperating with counsel subsequently employed, and otherwise endeavoring to minimize the possibility of harm. Further, he should refund to the client any compensation not earned during the employment.


DR 2-101 Publicity in General."
(A) A lawyer shall not prepare, cause to be prepared,
use, or participate in the use of, any form of public
communication that contains professionally self-
laudatory statements calculated to attract lay
clients; as used herein, “public communication" in-
cludes, but is not limited to, communication by
means of television, radio, motion picture, news-
paper, magazine, or book.

(B) A lawyer shall not publicize himself, his partner, or
associate as a lawyer through newspaper or maga-
zine advertisements, radio or television announce-
ments, display advertisements in city or telephone
directories, or other means of commercial pub-
licity, nor shall he authorize or permit others to
do so in his behalfTM except as permitted under DR
2-103. This does not prohibit limited and digni-
fied identification of a lawyer as a lawyer as well
as by name:


(1) In political advertisements when his profes-
sional status is germane to the political cam-
paign or to a political issue.

(2) În public notices when the name and profession
of a lawyer are required or authorized by law
or are reasonably pertinent for a purpose other
than the attraction of potential clients.^1
(3) In routine reports and announcements of a
bona fide business, civic, professional, or po-
litical organization in which he serves as a
director or officer.

(4) In and on legal documents prepared by him.
(5) In and on legal textbooks, treatises, and other
legal publications, and in dignified advertise-
ments thereof.

(C) A lawyer shall not compensate or give any thing of
value to representatives of the press, radio, tele-
vision, or other communication medium in antici-
pation of or in return for professional publicity in
a news item.
DR 2-102

Professional Notices, Letterheads, Offices,
and Law Lists.
(A) A lawyer or law firm shall not use professional
cards, professional announcement cards, office
signs, letterheads, telephone directory listings, law
lists, legal directory listings, or similar professional
notices or devices, except that the following may
be used if they are in dignified form:

(1) A professional card of a lawyer identifying him

by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm, and any information permitted under DR 2-105. A professional card of a law firm may also give the names of members and associates. Such cards may be used for identification but may not be published in periodicals, magazines, newspapers, or other media.

(2) A brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional office of a lawyer or law firm, which may be mailed to lawyers, clients, former clients, personal friends, and relatives. It shall not state biographical data except to the extent reasonably necessary to identify the lawyer or to explain the change in his association, but it may state the immediate past position of the lawyer. It may give the names and dates of predecessor firms in a continuing line of succession. It shall not state the nature of the practice except as permitted under DR 2-105.89

(3) A sign on or near the door of the office and in the building directory identifying the law office. The sign shall not state the nature of the practice, except as permitted under DR 2-105.


(4) A letterhead of a lawyer identifying him by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm, associates and any information permitted under DR 2-105. A letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members. A lawyer may be designated “Of Counsel" on a letterhead if he has a continuing relationship with a lawyer or law firm, other than as a partner or associate. A lawyer or law firm may be designated as "General Counsel" or by similar professional reference on stationery of a client if he or the firm devotes a substantial amount of professional time in the representation of that client. The letterhead of a law firm may give the names and dates of predecessor firms in a continuing line of succession.



(5) A listing of the office of a lawyer or law firm in the alphabetical and classified sections of the telephone directory or directories for the geographical area or areas in which the lawyer resides or maintains offices or in which a significant part of his clientele resides and in the city directory of the city in which his or the firm's office is located;" but the listing may give only the name of the lawyer or law firm, the fact he is a lawyer, addresses, and telephone numbers.95 The listing shall not be in distinctive form or type.97 A law firm may have a listing in the firm name separate from that of its members and associates. The listing in the classified section shall not be under a heading or classification other than "Attorneys" or "Lawyers," except that additional headings or classifications descriptive of the types of practice referred to in DR 2-105 are permitted. 100

(6) A listing in a reputable law list or legal directory giving brief biographical and other informative data. A law list or directory is not reputable if its management or contents are likely to be misleading or injurious to the public or to the profession.102 A law list is conclusively established to be reputable if it is certified by the American Bar Association as being in compliance with its rules and standards. The published data may include only the following: name, including name of law firm and names of professional associates; addresses10 and telephone numbers; one or more fields of law in which the lawyer or law firm concentrates;104 a statement that practice is limited to one or more fields of law; a statement that the lawyer or law firm specializes in a particular field of law or law practice but only if authorized under DR 2-105 (A)(4);108 date and place of birth; date and place of admission to the bar of state and federal courts; schools attended, with dates of graduation, degrees, and other scholastic distinctions; public or quasi-public offices, military service; posts of honor; legal authorships; legal teaching positions; memberships, offices, committee assignments, and section memberships in bar associations; memberships and offices in legal fraternities and legal societies; technical and professional licenses; memberships in scientific, technical and professional associations and societies; foreign language ability; names and addresses of references, and, with their consent, names of clients regularly represented.107 (B) A lawyer in private practice shall not practice under a trade nanie, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm, except that the name of a professional corporation or professional association may contain "P.C." or "P.A." or similar symbols indicating the nature of the organization, and if otherwise lawful a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession.108 A lawyer who assumes a judicial, legislative, or public executive or administrative post or office shall not permit his name to remain in the name of a law firm or to be used in professional notices of the firm during any significant period in which he is not actively and regularly practicing law as a member of the firm,109 and during such period other members of the firm shall not use his name in the firm name or in professional notices of the firm.110

(C) A lawyer shall not hold himself out as having a partnership with one or more other lawyers unless they are in fact partners.111

(D) A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed

jurisdictions; however, the same firm name may be used in each jurisdiction.

(E) A lawyer who is engaged both in the practice of law and another profession or business shall not so indicate on his letterhead, office sign, or professional card, nor shall he identify himself as a lawyer in any publication in connection with his other profession or business.

(F) Nothing contained herein shall prohibit a lawyer from using or permitting the use of, in connection with his name, an earned degree or title derived therefrom indicating his training in the law. DR 2-103 Recommendaton of Professional Employ


(A) A lawyer shall not recommend employment, as a private practitioner, of himself, his partner, or associate to a non-lawyer who has not sought his advice regarding employment of a lawyer.s (B) Except as permitted under DR 2-103 (C), a lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment by a client, or as a reward for having made a recommendation resulting in his employment by a client.

(C) A lawyer shall not request a person or organization to recommend employment, as a private practitioner, of himself, his partner, or associate,118 except that he may request referrals from a lawyer referral service operated, sponsored, or approved by a bar association representative of the general bar of the geographical area in which the association exists and may pay its fees incident thereto.119 (D) A lawyer shall not knowingly assist a person or organization that recommends, furnishes, or pays for legal services to promote the use of his services or those of his partners or associates. However, he may cooperate in a dignified manner with the legal service activities of any of the following, provided that his independent professional judgment is exercised in behalf of his client without interference or control by any organization or other person: (1) A legal aid office or public defender office:

(a) Operated or sponsored by a duly accredited law school.

(b) Operated or sponsored by a bona fide nonprofit community organization.

(c) Operated or sponsored by a governmental


(d) Operated, sponsored, or approved by a bar
association representative of the general
bar of the geographical area in which the
association exists.10

(2) A military legal assistance office.
(3) A lawyer referral service operated, sponsored,
or approved by a bar association representa-
tive of the general bar of the geographical area
in which the association exists.121

(4) A bar association representative of the general
bar of the geographical area in which the as-
sociation exists.1

(5) Any other non-profit organization that recommends, furnishes, or pays for legal services to its members or beneficiaries, but only in those instances and to the extent that controlling constitutional interpretation at the time of the rendition of the services requires the allowance of such legal service activities, and only if the following conditions, unless prohibited by such interpretation, are met:

(a) The primary purposes of such organization
do not include the rendition of legal ser-

(b) The recommending, furnishing, or paying
for legal services to its members is inci-
dental and reasonably related to the pri-
mary purposes of such organization.
(c) Such organization does not derive a finan-
cial benefit from the rendition of legal
services by the lawyer.

(d) The member or beneficiary for whom the
legal services are rendered, and not such
organization, is recognized as the client of
the lawyer in that matter.

(E) A lawyer shall not accept employment when he knows or it is obvious that the person who seeks


his services does so as a result of conduct pro-
hibited under this Disciplinary Rule.

DR 2-104 Suggestion of Need of Legal Services.124
(A) A lawyer who has given unsolicited advice to a
layman that he should obtain counsel or take legal
action shall not accept employment resulting from
that advice, except that:

(1) A lawyer may accept employment by a close
friend, relative, former client (if the advice is
germane to the former employment), or one
whom the lawyer reasonably believes to be a

(2) A lawyer may accept employment that results
from his participation in activities designed to
educate laymen to recognize legal problems, to
make intelligent selection of counsel, or to
utilize available legal services if such activities
are conducted or sponsored by any of the
offices or organizations enumerated in DR
2-103(D)(1) through (5), to the extent and un-
der the conditions prescribed therein.
(3) A lawyer who is furnished or paid by any of
the offices or organizations enumerated in DR
2-103(D)(1), (2), or (5) may represent a mem-
ber or beneficiary thereof, to the extent and
under the conditions prescribed therein.
(4) Without affecting his right to accept employ-
ment, a lawyer may speak publicly or write for
publication on legal topics so long as he does
not emphasize his own professional experience
or reputation and does not understand to give
individual advice.

(5) If success in asserting rights or defenses of his
client in litigation in the nature of a class action
is dependent upon the joinder of others, a
lawyer may accept, but shall not seek, employ-
ment from those contacted for the purpose of
obtaining their joinder.128

DR 2-105 Limitation of Practice.129
(A) A lawyer shall not hold himself out publicly as a
specialist or as limiting his practice, except as
permitted under DR 2-102 (A) (6) or as follows:
(1) A lawyer admitted to practice before the United
States Patent Office may use the designation
"Patents," "Patent Attorney," or "Patent Law-
yer," or any combination of those terms, on his
letterhead and office sign. A lawyer engaged in
the trademark practice may use the designa-
tion "Trademarks," "Trademark Attorney," or
"Trademark Lawyer," or any combination of
those terms, on his letterhead and office sign,
and a lawyer engaged in the admiralty practice
may use the designation "Admiralty,” “Proctor
in Admiralty," or "Admiralty Lawyer," or any
combination of those terms, on his letterhead
and office sign.133

(2) A lawyer may permit his name to be listed in
lawyer referral service offices according to the
fields of law in which he will accept referrals.
(3) A lawyer available to act as a consultant to or
as an associate of other lawyers in a particular
branch of law or legal service may distribute
to other lawyers and publish in legal journals a
dignified announcement of such availability,
but the announcement shall not contain a rep-
resentation of special competence or experi-
ence.14 The announcement shall not be dis-
tributed to lawyers more frequently than once
in a calendar year, but it may be published
periodically in legal journals.

(4) A lawyer who is certified as a specialist in a particular field of law or law practice by the authority having jurisdiction under state law over the subject of specialization by lawyers may hold himself out as such specialist but only in accordance with the rules prescribed by that authority,135

DR 2-106 Fees for Legal Services.1

(A) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. 137

(B) A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be


considered as guides in determining the reasonableness of a fee include the following:

(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.

(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. (3) The fee customarily charged in the locality for similar legal services.

(4) The amount involved and the results obtained. (5) The time limitations imposed by the client or by the circumstances.

(6) The nature and length of the professional relationship with the client.

(7) The experience, reputation, and ability of the
lawyer or lawyers performing the services.
(8) Whether the fee is fixed or contingent.
(C) A lawyer shall not enter into an arrangement for,
charge, or collect a contingent fee for represent-
ing a defendant in a criminal case.139

DR 2-107 Division of Fees Among Lawyers.
(A) A lawyer shall not divide a fee for legal services
with another lawyer who is not a partner in or
associate of his law firm or law office, unless:
(1) The client consents to employment of the other
lawyer after a full disclosure that a division of
fees will be made.

(2) The division is made in proportion to the ser-
vices performed and responsibility assumed by

(3) The total fee of the lawyers does not clearly
exceed reasonable compensation for all legal
services they rendered the client.1
(B) This Disciplinary Rule does not prohibit payment
to a former partner or associate pursuant to a sepa-
ration or retirement agreement.

DR 2-108 Agreements Restricting the Practice of a

(A) A lawyer shall not be a party to or participate in a
partnership or employment agreement with another
lawyer that restricts the right of a lawyer to prac-
tice law after the termination of a relationship
created by the agreement, except as a condition to
payment of retirement benefits.142

(B) In connection with the settlement of a controversy
or suit, a lawyer shall not enter into an agreement
that restricts his right to practice law.

DR 2-109 Acceptance of Employment.
(A) A lawyer shall not accept employment on behalf of
a person if he knows or it is obvious that such per-
son wishes to:

(1) Bring a legal action, conduct a defense, or as-
sert a position in litigation, or otherwise have
steps taken for him, merely for the purpose of
harassing or maliciously injuring any person.143
(2) Present a claim or defense in litigation that is
not warranted under existing law, unless it can
be supported by good faith argument for an
extension, modification, or reversal of existing

DR 2-110 Withdrawal from Employment.144
(A) In general.

(1) If permission for withdrawal from employment
is required by the rules of a tribunal, a lawyer
shall not withdraw from employment in a pro-
ceeding before that tribunal without its per-

(2) In any event, a lawyer shall not withdraw from
employment until he has taken reasonable steps
to avoid foreseeable prejudice to the rights of
his client, including giving due notice to his
client, allowing time for employment of other
counsel, delivering to the client all papers and
property to which the client is entitled, and
complying with applicable laws and rules.
(3) A lawyer who withdraws from employment
shall refund promptly any part of a fee paid
in advance that has not been earned.

(B) Mandatory withdrawal.

A lawyer representing a client before a tribunal, with its permission if required by its rules, shall withdraw from employment, and a lawyer repre

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