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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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…
Can a New York firm call a lawyer "of counsel" if that lawyer lives and practices mainly in a foreign country?
Yes, the opinion concludes, provided the lawyer has a close, regular, and personal "continuing relationship" with the firm under Rule 7.5(a)(4), the title is not otherwise false or misleading, and the…
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 law firm call another firm 'affiliated' on its letterhead, and does that force them to clear conflicts as one firm?
A firm may use 'affiliated' or 'affiliate' only if the relationship is close, regular, continuing, and semi-permanent (the equivalent of 'of counsel'); firms that do so must treat each other's clients…
Can a firm call a non-exclusive per diem lawyer an 'associate' or 'of counsel'?
Not 'associate'; 'of counsel' depends on the relationship. The opinion concluded a lawyer engaged on a non-exclusive, per diem basis cannot be called an 'associate,' and may be called 'of counsel' onl…
Must a New York LLP law firm state on its letterhead that some of its partners are professional corporations?
No, in New York. The opinion concluded a New York limited liability partnership need not indicate on its letterhead that some partners are themselves professional corporations, because no member of an…
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 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…
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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.