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.
November 19, 1993