New Jersey Supreme Court Advisory Committee on Professional Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Jersey Supreme Court Advisory Committee on Professional Ethics, with full citations and source links on every page.
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Can a lawyer work as a lobbyist at a non-law-firm government affairs company alongside nonlawyers, and use 'Esq.' on its letterhead?
A lawyer may provide lobbying and government affairs services at a non-law-firm company alongside nonlawyers, but may not hold out as a lawyer, may not provide legal services, and must make clear to c…
Can a lawyer let a client or collection agency send debt collection letters on the lawyer's letterhead without the lawyer reviewing each file?
No. The Committees held that a lawyer must independently review each file and exercise professional judgment before a debt collection letter goes out on law firm letterhead; lending letterhead without…
Under New Jersey's rules at the time, could a home office or a 'virtual office' qualify as a lawyer's bona fide office, and how could satellite or of-counsel offices be listed on letterhead?
The Committee concluded a home office could qualify as a bona fide office but a 'virtual office' could not; a virtual office could be listed as a satellite only if marked 'by appointment only,' and of…
Can a New Jersey attorney run a commercial divorce-mediation center under a trade name and have the center collect and keep the mediation fees?
No, not as structured. The Committee concludes that attorneys taking cases from the center practice law as limited-scope third-party neutrals; the mediation charges are legal fees, so the center's col…
Can a law firm organized as a professional corporation create and wholly own a subsidiary law firm, keep the subsidiary's profits, and name the subsidiary after the lawyers who run it?
Yes to all three, with conditions. A law-firm PC may form a wholly-owned subsidiary organized as a PC or LLC to practice a specialized area of law, and may receive the subsidiary's net profits without…
Can a New Jersey lawyer be a partner in more than one firm and form a partnership with out-of-state attorneys to share fees?
The Committee concluded that a lawyer may belong to more than one firm and may partner with out-of-state attorneys, and the partners may divide fees as they choose, provided a bona fide law partnershi…
Can salaried employees or in-house insurance defense lawyers, who are not partners, have their names appear in a law firm's name on the letterhead?
No. The Committee held that listing employees' or salaried in-house lawyers' names in a firm name implies a partnership; under RPC 7.5 lawyers who are not in fact partners may not hold themselves out …
Must an interstate law firm list all of its partners, including those not licensed in New Jersey, in the firm name on its New Jersey letterhead?
No. On remand, the Committee held that a firm name listing the resident New Jersey partners licensed in New Jersey complies with RPC 7.5(b), and the firm need not list partners who are not licensed in…
May a New Jersey lawyer practice under, and use on her letterhead, the name of her out-of-state firm that also has a New Jersey office?
Yes, under the rule as amended in 1984. The opinion concluded that a firm with offices in more than one jurisdiction may use the same name in each, so long as the letterhead clearly shows the New Jers…
May a New Jersey firm list an out-of-state firm it merely exchanges referrals with on its letterhead as 'Of Counsel'?
No. The opinion concluded that listing a Pennsylvania firm (with which the New Jersey firm only exchanged referrals, not a partnership) on the letterhead, whether by firm name or by its individual mem…
Can a New Jersey law firm list an affiliated out-of-state law firm by name on its letterhead?
Yes. The opinion concluded a New Jersey firm may show the name of an affiliated Pennsylvania firm on its letterhead under its Philadelphia office listing, noting the affiliation, so long as it is clea…
Can a one-lawyer professional corporation form a partnership with an individual attorney and keep a firm name that reads as individuals' names?
Yes. The opinion concluded that a partnership made up of a one-attorney professional corporation and an individual lawyer, using a firm name that reflects individuals' names consistent with the discip…
Can a lawyer let a client send out collection letters on the lawyer's stationery and name when the client, not the lawyer, runs the collection process?
No. The opinion concluded a lawyer should not lend his name to a client's collection work at all, and disapproved a scheme of escalating form letters on the lawyer's stationery where the client bulk-m…
After a solo practitioner who practices as 'Smith & Associates' dies, can the surviving associates keep using that name?
No. The opinion concluded that continuing the trade name 'John Smith & Associates' after John Smith's death would mislead the public, because the earlier opinion permitting the name depended on Smith …
Can a lawyer who writes a legal column for a business publication be identified by name and as a member of his law firm?
Yes. The opinion concluded that, after Bates v. Arizona, a lawyer writing such a column may identify himself as a member of a law firm, modifying and overruling earlier opinions that had barred using …
Can a New Jersey lawyer list himself as 'Of Counsel' to a multistate marketing firm that takes a percentage of referred-matter fees and runs group advertising?
No. The opinion concluded the arrangement is improper because the firm's fee division is an arbitrary percentage unrelated to services performed and the firm is an unregistered referral organization t…
Can a multistate law firm open a New Jersey office under its existing firm name when the named partners are not New Jersey lawyers?
No. The opinion concluded that under the rule's plain language a firm name may not be used in New Jersey unless all those named are or were members of the New Jersey bar.
Can a New Jersey lawyer who is also a CPA list that credential, or advertise as 'Financial,' in a yellow-pages directory listing?
No. A lawyer may not indicate CPA membership in a directory advertisement, and the bare designation 'Financial' is misleading and ambiguous because it does not identify any field of law practice; both…
Can a New Jersey lawyer who is also a CPA put the CPA designation on the law-office letterhead?
No. The CPA designation is not a legal degree and advertises qualifications for a separate profession; DR 2-102(D) bars a lawyer who also practices another profession from indicating it on the letterh…
Can a New Jersey lawyer use the title 'Doctor' for a J.D., and may a lawyer advertise a Ph.D. in Spanish or fluency in Spanish?
A lawyer admitted in New Jersey may use the J.D. degree and the title 'Doctor' because it indicates legal training, but may not list a non-law 'Ph.D. in Spanish' on a card or letterhead; the Committee…
Can New Jersey law partners be listed 'of counsel' on a sole practitioner's letterhead in another county, and the sole practitioner 'of counsel' to their firm?
Yes. Nothing in the rules precludes the cross 'of counsel' designations, assuming those listed are genuinely available to the firms' clients and any fee division does not offend the fee-sharing rule; …
Can a New Jersey lawyer, including a retired judge, serve 'of counsel' to more than one law firm at the same time?
Yes. There is no legal or ethical prohibition against a lawyer being a member of, or acting 'of counsel' to, more than one firm, so long as the arrangement complies in every respect with the disciplin…
Can a New Jersey lawyer state on the letterhead that he is admitted to practice before particular federal courts, like the U.S. Tax Court?
Yes. The opinion saw no objection to a lawyer stating on the letterhead that he is admitted to practice before the U.S. Tax Court and the U.S. District Court for Puerto Rico, where he has met those co…
Can a New Jersey lawyer practice under a trade name like 'The Budget Barrister' or 'The Legal Clinic of John Doe, Esq.'?
A professional corporation's name must contain only the shareholders' names, so the proposed trade names fail; for a non-corporate practice, 'The Legal Clinic of John Doe, Esq.' is permissible but 'Th…
What letterhead and office-sharing arrangements may a New Jersey lawyer use: an accountant's name on a shared door, a sign at a realtor's office, an out-of-state bar admission, or an out-of-state P.O.-box 'branch'?
An accountant's name may share a door if it creates no appearance of partnership, and an out-of-state bar admission may be noted if not deceptive; but a lawyer's sign at a realtor's premises risks an …
Can a nonprofit legal-services project practice under a trade name and list non-lawyer staff on its letterhead and business cards?
No trade name: under DR 2-102(B) the project may not practice under a fictitious trade name, and the responsible attorney must be identified. The opinion allowed a social-service specialist's name on …
Are New Jersey lawyers 'office associates' just because they have separate offices in the same building one of them owns, and does a past office-sharing relationship keep them associated after they fully separate?
No on both. The opinion held that lawyers in separate suites in the same building, with no shared facilities, are not office associates under the court rule, and that a prior office-associate relation…
Can a collection-practice law office use a letterhead that drops any reference to being a law firm, and can it list a non-lawyer office administrator on the letterhead?
No. The opinion concluded that a letterhead omitting any reference to a law firm is misleading and prohibited, and that naming an office administrator, whether a lawyer or a layman, on the letterhead …
May a New Jersey lawyer who teaches at a state college use the title "Doctor" and his "J.D." degree solely in connection with his academic position?
Yes. The opinion concluded the lawyer may ethically use his J.D. degree and the title "Doctor" strictly in connection with his academic position, even though New Jersey did not permit use of the degre…
May a New Jersey firm use a firm name that includes a partner admitted only in another state, such as 'Smith and Jones' where Jones is admitted only in New York?
No. The opinion concluded that under DR 2-102(C) a firm name may not be used in New Jersey unless all those named are or were New Jersey bar members, so an announcement indicating the firm will be kno…
May an out-of-state attorney who is a vice president and full-time house counsel of a national bank in New Jersey use a legal title like 'Vice President and Counsel' on the bank's letterhead?
The opinion concluded the first three titles are permissible if the letterhead shows he is admitted only in another state and is a full-time bank employee; the name-plus-'Esquire' option should not be…
What may a lawyer say in an announcement sent to other lawyers offering his availability as a consultant in a specialized field, and may he list an earned degree?
The opinion concluded the announcement may state availability to consult in planning and zoning, but may not use non-branch labels like environmental or housing, may not note an earned degree (New Jer…
After a partner is disbarred, may his firm keep his name in the firm name because his wife remains a partner, represent him and his businesses, and take clients he sends them?
The opinion concluded the firm may keep the wife as a partner and may represent the disbarred lawyer and his businesses with safeguards, may keep his surname only if it does not mislead the public, bu…
Can a lawyer let a client send debt-collection letters on the lawyer's letterhead, where a nonlawyer the lawyer hired prepares the letters and the client mails and handles the replies?
No. The opinion concluded that a lawyer may not send simulated court papers to a debtor, and may not permit a client to send collection letters in the lawyer's name or on the lawyer's stationery.
When a lawyer writes articles for a trade journal, what biographical information may appear in the author byline?
Only the author's name and the fact that he is a New Jersey lawyer. The opinion concluded that adding the J.D. degree and the other proposed biographical details was self-laudatory and prohibited, bec…
When a lawyer leaves government service to return to private practice, what can the announcement card say?
The opinion concluded such announcements must follow the professional-notice rules: a brief card may give new or changed associations or addresses to lawyers, clients, former clients, friends, and rel…
Can a law firm call itself 'The Firm of John Smith' or 'John Smith & Associates' if the letterhead lists everyone?
Yes, if it is not misleading. The opinion concluded such names are acceptable provided the named lawyer remains in active practice and the letterhead clearly shows who are members and who are associat…
Can a New Jersey lawyer form an interstate partnership and use the out-of-state firm's name on the New Jersey letterhead?
The opinion concluded that interstate partnerships are not unethical, but a New Jersey firm name may include only those who are or were New Jersey bar members, and the out-of-state firm's name may not…
Can a lawyer use the law firm's letterhead to send a political endorsement letter?
No. The opinion concluded that a letter on a law firm's stationery, sent to police describing benefits if certain candidates were elected, was improper; publishing lawyers' endorsements on firm statio…
Can a lawyer who moves out of state but keeps his New Jersey license take an 'of counsel' role with a New Jersey firm and share fees on a percentage basis?
Yes, if he qualifies to practice here. The opinion concluded a lawyer may ethically be 'of counsel' to a New Jersey firm and be paid a percentage of fees, so long as he meets the requirements to pract…
Can a law firm put its firm name or the partners' names on a Christmas or other seasonal greeting card?
No, not in the firm name. The opinion adopted ABA Formal Opinion 309: seasonal greetings should not be sent in the firm name or in an attorney capacity, should not refer to the profession, and should …
If a partner leaves a firm to become an active associate at another firm but keeps a small interest in the old one, can his name stay in the old firm's name?
No. The opinion concluded that the name of a partner who withdraws from a firm but continues to practice law in New Jersey should be omitted from the firm name to avoid misleading the public.
Can a New Jersey firm or lawyer form a partnership with a lawyer admitted only in another state, and how must the letterhead show it?
Yes, with limits. The opinion concluded an interstate partnership is not unethical, but the firm name may not include the name of a lawyer not admitted in New Jersey (even with an explanatory note), a…
May a lawyer who serves as special counsel to a public housing authority print 'Special Counsel for Public Housing Authority of the State of New Jersey' on his own law-office letterhead?
The opinion concluded the designation would be improper as a violation of Canon 27, because listing the public appointment on the lawyer's own attorney-at-law letterhead would unduly advertise the att…
May a former judge or a sitting magistrate be addressed as 'Judge' while practicing law, or use the title 'Judge' on stationery?
The Committee concluded that calling an advocate 'Judge' during a trial was improper because it could suggest preferential treatment, and that a magistrate could use 'Judge' on stationery for official…
Can a New Jersey firm form a patent-law association with a lawyer admitted only in D.C. and list him as 'Patent Attorney' on its letterhead?
The Committee concluded the association and listing were improper. A New Jersey firm is presumed to consist of New Jersey-admitted lawyers, so a patent attorney not admitted in the state could not be …
Can a lawyer who takes over a dissolved firm's practice call himself 'successor to' that firm on his letterhead and notify the firm's old clients?
The Committee concluded the plan was improper. The phrase 'successor to' constituted solicitation barred by Canon 27, and because the firm had dissolved, its name could not be carried on by an individ…
Can a lawyer who is also a CPA say so on his cards, stationery, or office window, and may he practice law and accounting at the same time?
The Committee concluded that stating 'CPA' on cards, stationery, or office window was improper advertising under Canon 27, but that practicing law and accounting at the same time was not, per se, a vi…
Can a New Jersey lawyer list other-state bar memberships or professional certificates in a yellow-pages telephone directory listing?
No. The Committee concluded that any yellow-pages listing that departs from the plain, uniform listing of lawyers, including one showing other bar memberships or certificates, is improper advertising.
Can a lawyer let his name or his firm's name be printed on the business card of an investigator who works on the firm's cases?
No. The Committee concluded it is improper, because the card could lead to abuses and could be taken as a representation that a layman is associated in the practice of law.
Can a New Jersey law firm hire a second firm to do legal work for its clients, and must it tell the client about the arrangement?
Yes, a firm may retain a second firm to perform legal services much as it would use a temporary or contract lawyer, provided there are no conflicts of interest and no improper exposure of one firm's c…
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Legal ethics opinions from the New Jersey Supreme Court Advisory Committee on Professional Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.