New York State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New York State Bar Association, with full citations and source links on every page.
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Can a New York lawyer advertise 'I know how to win for you' or claim 'unsurpassed litigation skills'?
No. The opinion concludes both phrases violate Rule 7.1: each is misleading and cannot be factually supported when disseminated, and adding the 'prior results' disclaimer does not cure the problem.
Can a lawyer who practices under his full name use a firm name that includes only his middle initials and last name, dropping his first name?
Yes. Dropping the first name while keeping the surname and the initials of two given names is a slight enough variation that it does not violate Rule 7.5(b)'s trade-name prohibition, as long as the re…
Can a law firm sell advertising space to other professionals in its educational newsletter, and is the whole newsletter treated as lawyer advertising?
Yes. A firm may sell ad space in its newsletter to third parties, including other firms, as long as the rates carry no implied referral or fee-splitting arrangement. The entire newsletter counts as ad…
Can a lawyer advertise by sending commercial posts via email to members of internet message boards?
Yes. The opinion concludes that a lawyer may advertise through commercial email posts to members of internet message boards if the ad is not false or misleading, complies with the Rules, and carries '…
Can a lawyer mail a cover letter and an informational brochure to accountants and bankers hoping they will refer clients to the lawyer?
Yes, if the advertising rules are met. The mailing is permitted as advertising, but the lawyer may not have the accountants or bankers solicit clients on the lawyer's behalf, and may not give them any…
Can a New York real estate lawyer accept a referral fee from a home security company for clients who sign up using a code on flyers in the lawyer's office?
Yes. The opinion concludes that nothing bars a lawyer from being paid for providing passive space for a third party's flyers when the lawyer does not recommend the service and it is unrelated to the l…
Can a group of New York lawyer-mediators who are not a firm run joint ads and a shared website and phone line without it being a prohibited paid referral arrangement?
Yes. The opinion concludes that joint advertising listing each member's name, experience, and biography, where callers choose their own mediator rather than being assigned one, is permitted group adve…
Can a New York lawyer or law firm list practice areas under a 'Specialties' heading on a social media profile like LinkedIn?
Not under that heading. The opinion holds that listing services under a 'Specialties' label claims the lawyer or firm specializes, which Rule 7.4(a) forbids unless the individual lawyer is certified a…
Can a New York lawyer donate legal services to be auctioned at a charity fundraiser?
Yes. The opinion overrules N.Y. State 524 and permits donating legal services for a charity auction, subject to conditions: the lawyer must be competent for the offered service, disclose limits includ…
Is a lawyer's blog that doesn't discuss law an attorney advertisement subject to the advertising retention rules?
No. The opinion concludes a blog whose primary purpose is not the retention of the lawyer, and which does not discuss legal topics or solicit clients, is not an 'advertisement' under Rule 1.0(a), so t…
Can a lawyer running a virtual practice list a commercial mailbox (mail drop) as the only address in advertising, or on business cards and letterhead, instead of a physical office address?
Not in advertising. Rule 7.1(h) requires every advertisement to show the street address of the lawyer's principal office, so a mail drop alone is not enough. Business cards and letterhead may use a ma…
Can a New York law firm list a lawyer admitted only in another state as 'of counsel,' and how must the firm show that lawyer's jurisdictional limits on its letterhead and website?
Yes. A New York firm may have an of-counsel relationship with a lawyer not admitted in New York and need not state the precise nature of the relationship, but Rule 7.5(d) requires disclosing the juris…
Can a lawyer sell a flat-fee online letter-writing service, advertising that the letters are written by an attorney, without it being treated as legal services?
Only narrowly. A lawyer may offer such a service only if the letters' subject matter does not implicate legal rights, no legal services are rendered, and the website prominently disclaims any client-l…
Can a New York lawyer use a firm name built from her conjoined initials plus a phrase like 'The Business Dispute Clinic'?
No. A firm name made by conjoining the lawyer's initials with an abbreviation of her surname is a prohibited trade name, and 'The Business Dispute Clinic' cannot be part of the firm name, though it ma…
Can a New York law firm buy a mailing list to offer recipients a free educational newsletter and seminars?
Yes. Buying a list to email an opt-in offer for an educational newsletter and seminars is permissible, because educational programs not primarily about the firm are neither advertising nor solicitatio…
Can a law firm's non-attorney employee put a J.D. degree or the title 'Legal Project Manager' on a firm business card?
Only if the card makes clear the employee is not admitted to practice law. Listing a J.D. or a title like 'Legal Project Manager' may imply the person is a lawyer, so the card must expressly disclose …
Can lawyers who own a separate nonlegal business buy marketing leads for that business, even though their law firm could not buy leads for itself?
Yes, if the nonlegal entity has no lawyers, operates wholly separately from the firm, and discloses in writing that it provides no legal services. The firm is then not subject to the rules for that en…
Can a law firm put logo-branded promotional gifts in a hospital's welcome package for all patients?
Yes. A firm may include logo-branded items like pens or calendars in a hospital welcome package for all patients; gifts marked only with the firm's name and contact information are not advertising, so…
Can a New York lawyer run a law practice and a real estate brokerage from the same office and market them together?
Yes; the lawyer may operate both from one office and send joint mailings as long as the marketing is truthful and not misleading, but may not serve as both lawyer and broker in the same real estate tr…
Can a New York lawyer put a photo on a business card and list recommended plumbers, realtors, or accountants on it?
Yes; a photo of the lawyer is permitted (an actor portraying a lawyer must be disclosed), and the lawyer may list recommended service providers if a disclaimer makes clear there is no affiliation or r…
Can a New York solo practitioner who employs a paralegal name the firm 'Smith and Associates'?
No. Because the solo has no other lawyers, 'and Associates' would falsely suggest the firm includes additional lawyers; the opinion finds it misleading under Rules 7.5(b) and (c) and 8.4(c).
Can a nonprofit legal services organization use 'Project' or 'Law Center' in its name under the New York rules?
Yes; a qualified legal assistance organization may use 'Law Center,' and may use 'Project' if the name otherwise signals the group's law-related work and is not otherwise misleading.
Can a patent attorney who became a USPTO patent examiner still call himself 'Patent Attorney' on a business card?
Not without disclosure. Because his USPTO registration is on administrative-leave/inactive status and he can no longer represent others, the opinion finds the bare 'Patent Attorney' designation mislea…
Can a New York lawyer advertise that they will 'stop your foreclosure'?
No. An unqualified claim that a lawyer can 'stop' a foreclosure is false, deceptive, and misleading under Rule 7.1. Even a reworded, accurate version would need the required 'prior results do not guar…
Can a New York solo practitioner name the firm using only their initials, like 'JDR Law'?
No. A firm name made up only of the lawyer's initials is a trade name barred by Rule 7.5(b), because the initials are not the lawyer's legal name. The same words may be usable as a motto alongside the…
Can a New York lawyer post an educational legal video online and hand out flyers inviting the public to watch it?
Yes. Producing a bona fide educational legal video and distributing flyers inviting people to view it is generally not advertising or solicitation. But if the video or the flyers urge viewers to hire …
Can a New York law firm pay a non-lawyer marketing employee a bonus based on how many clients they bring in?
Yes, a firm may pay a non-lawyer marketing employee a bonus tied to the number of clients obtained through advertising, as long as the bonus is not calculated from the fees those clients pay. The firm…
Can a New York law firm's website link to the website of a nonlegal consulting business the firm formed, and vice versa?
Yes. A law firm's website and the website of a nonlegal entity the firm formed may link to each other. If a link's primary purpose is to facilitate retention of the firm, it is an advertisement subjec…
Can a New York lawyer be listed in a bar association's online member directory and appear as a 'featured attorney' on its website?
Yes. A member may be listed in the association's online directory if the listing complies with Rule 7.1, and may appear as a randomly selected 'featured attorney' only if the page carries a disclaimer…
Can a lawyer pay a marketing firm based on the number of clients it introduces?
No. Under Rule 7.2, a lawyer may pay the reasonable cost of marketing, but may not tie a marketing firm's compensation to the number of potential or actual clients it introduces, because that gives th…
Can a lawyer answer legal questions in chat rooms or on social media and offer to take the person as a client?
A lawyer may give general answers (not individual advice) to legal questions on real-time or interactive sites like chat rooms, but may not solicit there. If a person specifically asks to retain the l…
Can a New York lawyer sell discounted legal services through a 'deal of the day' or group-coupon website like Groupon?
Yes, if the ad is not misleading and discloses that no lawyer-client relationship forms until the lawyer checks for conflicts and competence. The lawyer must fully refund a coupon buyer who cannot be …
Can a New York lawyer's website include links to banks, real estate companies, or other businesses?
Yes. A lawyer may include informational links to other businesses' websites as long as neither the link nor the linked content creates confusion or misrepresentation; reciprocal links require more car…
Can a New York law firm pay a non-lawyer marketer a bonus based on the new business they bring in?
A firm may employ a non-lawyer marketer who does only the advertising and solicitation a lawyer could do, and may pay a profit-sharing bonus tied to overall firm profits or a percentage of base salary…
Can a New York attorney advertisement portray a fictitious law firm, such as arguing against a made-up opposing counsel?
Yes. An attorney advertisement may portray a fictitious law firm so long as it is not misleading about the association of lawyers in the advertiser's firm. Rule 7.1(c)(2) bars the device only where it…
Can a solo practitioner use her spouse's law firm address and phone number as her own contact information, and does occasionally using the firm's office make her part of the firm for conflicts?
A solo practitioner may not list her spouse's firm address and phone number as her own where the phone is answered in the firm's name, unless she takes steps to dispel the impression that she is part …
Can a lawyer offer to refund all legal fees if a traffic or other Vehicle and Traffic Law charge is not dismissed or reduced?
The ban on contingent fees in criminal matters does not reach simple traffic infractions, which the Vehicle and Traffic Law deems noncriminal, but it does reach VTL violations that are misdemeanors or…
What may a lawyer post on the firm website: former partnership positions in other firms, and favorable quotes from a lawyer-rating publication?
A lawyer may accurately list former partnership positions in other firms in a website biography, and may quote bona fide professional ratings or favorable comments from a ratings publication, provided…
Can a lawyer offer a prize as an incentive for people to connect with the lawyer on Facebook, LinkedIn, or other social networking sites?
Yes, assuming the prize offer is not itself illegal. But if the offer's primary purpose is retention of the lawyer, it becomes an advertisement subject to Rule 7.1, and if it is also targeted at speci…
Can a lawyer use a nickname or an English translation of a foreign first name on business cards and a firm website instead of the name on the Roll of Attorneys?
Yes, as far as the Rules of Professional Conduct are concerned, so long as the name used is not misleading as to the lawyer's identity. But the lawyer must separately comply with the statutes, court r…
Can a solo lawyer name the practice 'The Smith Tax Law Firm' to show a practice area, and may a solo use the word 'Firm' in the name?
No to the practice area: including an area of law in the firm name (like 'Tax') makes it an impermissible trade name that misleadingly implies an officially recognized category of 'tax law firms.' Yes…
If a lawyer admitted only in another state practices immigration law from a New York office, what must her letterhead and business cards say?
Assuming she may practice and the New York Rules apply, her letterhead and business cards must state that she is admitted only in her licensing state and that her New York practice is limited to immig…
Can the New York office of a multistate firm use a trade name, and can a New York PLLC be owned by an out-of-state PLLC?
No to the trade name: a New York office may not practice under an initials-based trade name or a name combining a partner's name with a trade name. Yes to the ownership question, if all owners of the …
Can a lawyer have a paralegal hand-deliver law firm name-change announcements to nearby homes?
Yes, but only without personal contact. The announcement is an advertisement and a solicitation, so a paralegal who leaves it on a door or porch is fine, but a paralegal who comes into personal contac…
Can a law firm's advertisement include a photo of the whole firm, including paralegals and other nonlawyer staff?
Yes, if the ad as a whole is not misleading. A firm photo that includes nonlawyer employees is permitted under Rule 7.1 so long as it does not create a false impression about the firm's size, its ethn…
Is a law firm's educational newsletter or website an 'attorney advertisement' that must carry the 'Attorney Advertising' label and the exact prior-results disclaimer?
It depends on the communication's purpose, content, and audience. If it is an advertisement, it must be labeled 'Attorney Advertising' (including on a website home page), and if it makes results or co…
Can a lawyer email other lawyers asking them to refer cases, such as injuries from a particular drug, without it being a regulated solicitation?
Yes. Emails seeking referrals from other lawyers are not 'advertisements' or 'solicitations' under Rules 7.1 and 7.3, but they must still comply with Rule 7.4 (specialization claims) and Rule 8.4(c) (…
Can a lawyer join a group radio advertisement that gives no lawyer name or contact information and instead directs listeners to an agent?
No. The opinion concludes that a group radio ad that omits the lawyer's name, principal office address, and telephone number, directing listeners to an agent instead, violates Rule 7.1(h).
Does a New York lawyer's advertisement that includes a client testimonial or endorsement have to carry the 'Prior results do not guarantee a similar outcome' disclaimer?
Yes. Under New York Rule 7.1(e)(3), any advertisement containing a client or former-client testimonial or endorsement must include the disclaimer 'Prior results do not guarantee a similar outcome,' re…
When a New York lawyer sells a nonlegal product like shelf corporations to non-clients, do the lawyer advertising and solicitation rules apply to that business?
It depends on whether legal advice is involved and whether the lawyer's status is visible. If the lawyer gives no legal advice and is not held out as a lawyer, the Rules generally do not apply; but if…
Can a New York lawyer contact lay organizations to offer to speak to them about legal topics, and do the advertising and solicitation rules apply?
Yes, a lawyer may contact lay organizations to offer to speak on legal topics. But if the communication is made expressly to encourage the audience to retain the lawyer or firm, it becomes an advertis…
Can a New York lawyer pay to participate in a website that analyzes a prospective client's problem, picks lawyers to respond, and lets them contact the client?
Not as described. The committee concludes a lawyer may not participate in a paid website that analyzes the prospect's problem and selects lawyers (an improper referral), and may not phone the prospect…
Can a physician who is also a New York lawyer advertise free exams to screen medical malpractice claims for referral to lawyers, without disclosing the law license or the fee split?
No. The committee concludes that screening claims for referral is the practice of law, so the advertising must disclose the lawyer status; the referral-for-a-share-of-the-fee arrangement is barred unl…
Can a lawyer run a radio or TV ad using a celebrity client's testimonial, name the celebrity, and pay the celebrity for their time?
A lawyer may use a celebrity client's testimonial, and name the celebrity, so long as it is not false, deceptive, or misleading and the ad meets the record-keeping rules. The lawyer may not pay or giv…
If a law firm's website uses client testimonials or reports of past results, must it post a disclaimer that past results don't guarantee future outcomes?
Not automatically. Testimonials and past results are permitted unless they create unjustified expectations or are false, deceptive, or misleading. No disclaimer is required per se; where they are mere…
Can a New York lawyer who serves as a certified impartial hearing officer also represent parents in special-education hearings, and can the lawyer advertise the certification?
The opinion concludes the lawyer may do both, but may not represent clients in any school district where the lawyer sits as a hearing officer, in matters the lawyer handled as a hearing officer, or wh…
Does a New York lawyer's announcement of certification as a specialist need the disclaimer if it goes only to other lawyers and to the lawyer's own clients?
Yes. The opinion concludes that a professional announcement of specialist certification mailed to bar members, reprinted in a bar newsletter, and mailed to present and former clients is 'public' and m…
Can a New York lawyer's advertisement give only a website or email address, or must it include a physical street address?
The opinion concludes a legal-services advertisement may not list a website or email address as the sole address; DR 2-101(K) requires the lawyer's physical street office address as well.
Can a lawyer use the firm name 'A' or place the letter 'A' in front of the firm name in a Yellow Pages ad to get a more prominent listing?
The opinion concluded that a lawyer may not use 'A' as a firm name or insert the letter 'A' before the firm name to secure favorable Yellow Pages placement, because doing so turns the firm name into a…
Can a lawyer whose firm has several associates practice under a name like 'The [Surname] Group'?
The opinion concluded that a lawyer named X whose firm includes a number of associates may practice as 'The X Group,' because the word 'group' simply signals that the named lawyer practices with other…
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Legal ethics opinions from the New York State Bar Association 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.