ADVERTISING OPINION A-0104

PRINT AD STATING THAT ATTORNEY

MUST BE CONSULTED IN CERTAIN CIRCUMSTANCES

I am writing in response to your letter of July 29, 1993, requesting an advisory opinion regarding a proposed advertisement which states that an individual involved in an automobile accident involving injuries must consult an attorney before speaking to any representative of an insurance company.

The appropriate and controlling Virginia Disciplinary Rule is DR 2-101(A) which, in part, permits a lawyer to use or participate in the use of any form of public communication unless such communication contains a false, fraudulent, misleading or deceptive statement of claim.

While it may make good sense for an individual involved in an accident with an injury to consult with an attorney before speaking with a representative from an insurance company, the Committee is of the opinion that there is no legal requirement for this. The proposed advertisement explicitly states that such an individual "will have to consult an attorney." The Committee opines that this language, to the extent it states or implies that an attorney must be consulted under such circumstances, is false and therefore violative of DR 2-101(A).

This opinion is advisory only and is not binding on any court or tribunal.

Committee Opinion

November 19, 1993