Advisory Opinion:
1982
Year Issued:
2002
RPC(s):
4.1
Subject:
truthfulness in statements to others; disclosure by corporate vice president/lawyer of status as in-house counsel
The inquirer occupies the position of senior vice president and general counsel with a corporation and uses business cards that indicate his dual positions at the corporation. The inquirer wishes to delete the reference to general counsel for general business meetings and reserve use of business cards with his general counsel title for meetings with other lawyers or non-lawyers where the situation is more adversarial in nature.
The committee opined that the inquirer asks two questions. First, does the inquirer have to disclose on his business cards the fact that he is a licensed attorney and holds the position of general counsel for the corporation? Second, at what point in discussions with third parties in a business setting as opposed to an adversarial setting do the Rules of Professional Conduct require the inquirer disclose his status as a licensed attorney?
The RPCs do not require that the inquiring lawyer’s business card contain the fact that he is a licensed lawyer if the context or the use of the business card does not encompass representation of a client before a third party. Title 4 of the RPCs requires that to the extent that the inquirer is functioning as a lawyer in any of the capacities set forth in the inquiry, he must disclose his lawyer status to a person not his client when not to do so would have the potential of placing the non-client at a tactical or legal disadvantage, whether in a business of an adversarial setting. See also RPC 8.4(c) that states it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
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