Can a New York law firm with an out-of-state office list both addresses and each lawyer's bar admissions on its New York letterhead?
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This page answers the general question as of 1976. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.
Plain-English summary
The committee addressed what a multi-state firm's New York letterhead may disclose. Building on N.Y. State 175 (1970) and N.Y. State 352 (1974), it confirmed that where a true partnership exists, an out-of-state partner performs substantial continuing services, and the firm maintains a law office in the other state, the New York letterhead may carry both office addresses under DR 2-102(A)(4). The fact that the second-state partner is also admitted in New York does not bar listing the second address.
The committee then overruled its earlier position. N.Y. State 41 (1966) and N.Y. State 237 (1972) had treated listing admissions to the bars of other states as improper "self-laudation," a form of forbidden advertising. The committee rejected that view: noting a lawyer's admission to another jurisdiction's bar is not self-laudatory where clients and others receiving the letterhead may have a valid interest in knowing it. It expressly overruled N.Y. State 41 and N.Y. State 237.
The committee set the limit that keeps the letterhead from misleading. Because omitting any jurisdictional notation implies admission to the home bar, a lawyer admitted in New York needs no special notation. A lawyer not admitted in New York must carry an appropriate notation, such as "admitted in 'X' only" or "not admitted in New York" (DR 2-102(D), EC 2-10, N.Y. State 352 (1974), N.Y. State 355 (1974)).
Currency note
This opinion was issued in 1976, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 (firm names and letterheads are now governed by Rule 7.1 and former Rule 7.5). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a New York firm's letterhead show the address of its office in another state?
A: Under this opinion, yes, where a genuine partnership exists, the out-of-state partner performs substantial continuing services, and the firm maintains a law office in that state (DR 2-102(A)(4), following N.Y. State 352).
Q: May the letterhead list a lawyer's admission to the bar of another state?
A: Yes. The committee held that noting an out-of-state admission is not improper self-laudation because recipients may have a valid interest in the information, and it overruled the contrary opinions N.Y. State 41 (1966) and N.Y. State 237 (1972).
Q: Does a lawyer admitted only in another state need a notation on the New York letterhead?
A: Per the opinion, yes. Because omitting a notation implies admission to the home bar, a lawyer not admitted in New York must be marked "admitted in 'X' only" or "not admitted in New York" so the letterhead is not misleading.
Background and rules framework
The opinion interprets the then-current New York Code provisions on firm letterheads, DR 2-102(A)(4) (multi-office and multi-state listings), DR 2-102(D) (notation of jurisdictional limits), and EC 2-10. The current analogues are Rule 7.1 (communications about a lawyer's services, including misleading statements) and former Rule 7.5 (firm names and letterheads).
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services)
- MR 7.5 (firm names and letterheads)
- NY EC 2-10; DR 2-102(A)(4), DR 2-102(D)
Other opinions cited:
- N.Y. State 352 (1974): out-of-state address on New York letterhead where a true partnership exists
- N.Y. State 41 (1966); N.Y. State 237 (1972): overruled; listing out-of-state admissions is not self-laudation
- N.Y. State 355 (1974): notation requirements for jurisdictional limits
See also
- NY State Bar Op. 459: Announcing a partner's move to judicial office
- NY State Bar Op. 452: A bar association's consumer legal directory
- NY State Bar Op. 441: A fee-schedule brochure for office visitors
Source
- Landing page: https://nysba.org/opinion-434/
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