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IN RE JOHNSON

No. CX-83-859.

341 N.W.2d 282 (1983)

In re Charges of Unprofessional Conduct against Richard W. JOHNSON, Richard W. JOHNSON, Petitioner, v. DIRECTOR OF PROFESSIONAL RESPONSIBILITY, Respondent.

Supreme Court of Minnesota.

December 16, 1983.

Attorney(s) appearing for the Case

Collins, Buckley, Sauntry & Haugh, Theodore J. Collins, St. Paul, for petitioner.

Michael J. Hoover, Director of Lawyers Professional Responsibility, Richard J. Harden, St. Paul, for respondent.

David S. Shrager, Philadelphia, Pa., and Michael S. Starr, Washington, D.C., amicus curiae for Ass'n of Trial Lawyers of America.

Heard, considered, and decided by the court en banc.

TODD, Justice.

Richard W. Johnson was admonished for advertising his certification as a Civil Trial Specialist by the National Board of Trial Advocacy (NBTA). Rule 2-105(B) of the Minnesota Code of Professional Responsibility prohibits a lawyer from holding himself or herself out as a specialist. Disciplinary Rule (DR) 2-105(B) is unconstitutional and the admonishment against Johnson is vacated.

Johnson has been a licensed lawyer of this state since 1952 and...

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