New York City Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New York City Bar, with full citations and source links on every page.
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What are the New York ethics obligations of a lawyer or law firm using generative AI tools in practice (chatbots, legal-research AI, document review and analytics)?
The opinion provides general guidance rather than hard rules. Per the opinion, a New York lawyer using generative AI must consider confidentiality (Rule 1.6), conflicts (Rules 1.7-1.12), competence an…
Can a law firm use retargeting (ads that follow website visitors around the web) without violating the attorney advertising and solicitation rules?
A lawyer's website may use retargeting if the ads comply with the attorney advertising rules. Retargeting alone is not solicitation, but content-targeted ads must meet the solicitation rules. The lawy…
Can a New York lawyer use a virtual law office address as the principal office address on advertising, business cards, letterhead, and the firm website?
A New York lawyer may use a New York virtual law office (VLO) street address as the principal law office address under Rule 7.1(h), and on business cards, letterhead, and the website, as long as the V…
Does a lawyer's LinkedIn profile count as attorney advertising that needs disclaimers?
Only if it meets all five criteria, including that the profile's primary purpose is to attract paying clients. The opinion concludes that listing skills, practice areas, endorsements, or recommendatio…
In New York, can a retired attorney who still does unpaid legal work use 'attorney-at-law' letterhead, and must they disclose that they are retired?
Yes. A New York attorney who is retired (and so may practice without charging a fee) may use professional letterhead identifying as an attorney-at-law, and may but need not state that they are retired…
Can a law firm use a generic domain name like 'newyorklawyer.com' instead of its firm name, and advertise with it?
Yes, with conditions. A domain name need not contain the firm name, but the website must conspicuously show the real firm name, the domain must not be false, misleading, or imply special expertise, an…
Can a lawyer submit bids for legal work that clients post on an internet comparison website without violating the advertising or referral rules?
The opinion concluded that responding to a client-initiated request for representation on an internet bidding site is not, by itself, advertising or solicitation, and the no-fee bid plan is not a proh…
How do the advertising, fee-sharing, and confidentiality rules apply to a law firm's website, online services, and email?
The opinion concluded a firm need not file its website with disciplinary authorities but should keep a copy about a year; may not pay its internet provider a share of fees earned; may not offer online…
Can a lawyer place an ad in a lawful publication that also carries prostitution-related or other sexually related material?
Yes. The opinion concluded that an otherwise Code-compliant advertisement is not rendered improper solely because it appears in a lawfully published periodical containing 'prostitution related' advert…
Can a lawyer charge a forfeitable initiation retainer and advertise a fee discount without stating the standard fee?
No to both. The opinion concluded a lawyer may not charge an initiation/retainer fee that is forfeited entirely if the client terminates, and may not advertise that some clients get a discount from 's…
Can a law firm publicly announce that it has hired a law student or other nonlawyer?
Yes. The opinion concluded a law firm may issue an announcement of its employment of a law student or other nonlawyer, provided the announcement makes clear that the person is not a lawyer and is work…
Can a lawyer list an honorary degree or fellowship in advertisements and on letterhead, even though it was not an earned degree?
The opinion concluded a lawyer may list honorary degrees in advertising and on letterhead, rejecting the view that only 'earned' degrees may be listed, but the nature of honorary distinctions requires…
Can independent lawyers sharing offices advertise as 'The Law Offices at X Square,' and when can lawyers or firms call themselves 'of counsel,' 'associated,' or 'affiliated' with each other?
The opinion concluded an unaffiliated group may not advertise under a trade name like 'The Law Offices at X Square,' but a firm may be of counsel to another firm or to individuals, and firms may descr…
Can a New York firm open a same-named firm in another state, let a name partner be of counsel to one firm while a name partner in the other, and keep his name in the New York firm's name?
The opinion concluded yes to all three, provided the arrangement is not intended to mislead and does not mislead: partners may form a same-named firm in another jurisdiction, a lawyer may be of counse…
Can a New York firm list a lawyer admitted only in a foreign country as an associate on its letterhead and in its advertising?
The opinion concluded yes, provided an appropriate disclaimer sets forth the jurisdictional limitations on the associate's practice; it modified the firm's earlier opinion that had rejected a disclaim…
Can a lawyer use 'Esq.' after their name when working in a non-legal job?
The opinion concluded a lawyer may ethically use 'Esq.' after their name even when acting in a non-legal capacity, because the title is not misleading, though using 'Attorney-at-Law' in that setting c…
Can a New York firm affiliated with a German law firm use a nearly identical name and list the foreign firm on its letterhead without a real partnership?
The opinion concluded that using a name nearly identical to a German firm without a true partnership, listing the German firm as if it were a partner, or calling the German office the 'head office' is…
Can a lawyer join a for-profit private referral service that is not sponsored or approved by a bar association?
The opinion concluded a lawyer may not pay to participate in a for-profit private legal referral service that no bar association operates, sponsors, or approves, because it falls outside the DR 2-103(…
Can a lawyer sign a contract for the book or movie rights to a client's case while still representing the client?
The opinion concluded that a lawyer may not enter a publication or production rights contract, with the client or a third party, until all aspects of the matter are concluded, and that even afterward …
Can a law firm let a nonlawyer who rents space in its office advertise that she runs her mediation business at the firm's offices?
The opinion concluded that a law firm may not let a nonlawyer office-mate use the firm's name in advertising her own mediation business, because it would be misleading, would suggest an improper lawye…
Can a lawyer give clients a written guarantee of a permanent visa with a money-back promise, and advertise it?
The opinion concluded that a form guaranteeing a permanent visa with a refund of fees is improper, because the word guarantee is misleading under the advertising rules, a money-back promise that omits…
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Legal ethics opinions from the New York City Bar 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.