ETH 74-8.

• Court: Nebraska

Nebraska Ethics Opinion 1974. ETH 74-8. 1974OPINION NO. 74-8Ethics Opinions -- NSBAA LAWYER MAY HAVE DISTRIBUTED IN A LAY PUBLICATION, A DISSERTATION ON A LEGAL SUBJECT OF GENERAL INTEREST. WHILE HIS NAME AND THE FACT THAT HE IS A LAWYER MAY BE SHOWN, HIS OFFICE ADDRESS, HOWEVER, SHOULD NOT BE; NOR SHOULD HE MAKE HIMSELF AVAILABLE, EITHER DIRECTLY OR INDIRECTLY, TO ANSWER SPECIFIC QUESTIONS OF INDIVIDUALS OR ACCEPT EMPLOYMENT SHORTLY THEREAFTER WITH REFERENCE TO THE GENERAL SUBJECT MATTER COVERED BUT, ON THE OTHER HAND, SHOULD URGE THE READERS TO AVAIL THEMSELVES OF THEIR OWN COUNSEL. AND, UNDER SUCH CIRCUMSTANCES, THE ARTICLE MAY EVEN BE PERMISSIBLY CO-AUTHORED WITH A LAYMAN.FACTUAL SITUATION A Nebraska lawyer from a specified Nebraska city is a co-author with a layman of a 43 page booklet on "Estate Planning". The layman is an extension economist at the University of Nebraska. The Nebraska Farmer, a lay publication, is planning to publish the article. This lawyer is concerned about the propriety of his being named as a co-author with this extension economist, should the Nebraska Farmer wish to publish the article. QUESTIONS PRESENTED (1) Would the publication of this legal article, prepared by a lawyer and layman, working together, constitute the unauthorized practice of law? (2) Since distribution of this article would be made to the lay public, may the name of the lawyer be shown and if so, to what extent? DISCUSSION Canon 3 of the Code of Professional Responsibility states that "A lawyer should assist in preventing the unauthorized practice of law" and DR-301(A) states that "A lawyer shall not aid a non-lawyer in the unauthorized practice of law". Also, DR 3-103(A) states that "A lawyer shall not form a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law". The basic question, therefore, is whether or not the publication of a legal article constitutes "the practice of law". The old Canons of Professional Ethics (35 & 47) forbade a lawyer to allow a layman or a lay organization to exploit him by using him to engage in unauthorized practice for a profit and Canon 47 especially was a prohibition against such conduct (See Formal Opinions 8, 31, 35, 41, 68, 98, 122, 269, 297 and 305). It seems that what constitutes unauthorized practice is a matter for the Courts in each...