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 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…
Can a firm keep a former partner's name in the firm name after he leaves to become a company's general counsel?
No. A former partner who continues to practice law elsewhere, such as a corporation's general counsel, has not 'retired' under Rule 7.5(b), so keeping his name in the firm name is misleading and prohi…
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 the New York office of a multi-state law firm be run by a non-partner New York lawyer supervised by an out-of-state partner who is not admitted in New York?
Yes, under the Code. The committee re-examines and overrules N.Y. State 175 and concludes the Code does not require a multi-state firm to have a partner admitted in New York; the New York office may b…
Can a lawyer use law firm letterhead when collecting debts, both as a lawyer for a creditor and when running debt collection as a non-legal service?
It depends on the role. The committee concludes a lawyer representing clients as a lawyer in collecting debts may use law firm letterhead, but a lawyer offering debt collection as a non-legal service …
Can a New York law firm run debt-collection services for clients in other states as a non-legal service where its lawyers are not licensed?
Yes, with conditions. The committee concludes a New York firm may provide out-of-state collection as a non-legal service if the other state's rules (including its unauthorized-practice law) permit it,…
When a lawyer is of counsel to two firms, are one firm's conflicts imputed to the other firm's lawyers?
Yes, in most cases. Conflicts imputed to a lawyer under DR 5-105(D) are imputed to every firm with which the lawyer has an of-counsel relationship, and where two firms share an of-counsel lawyer their…
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 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…
Can salaried lawyers employed by an insurance company to defend its policyholders call themselves a law firm on letterhead and business cards?
The opinion concluded they may hold themselves out as a law firm only if they actually take on the professional responsibilities the Code imposes on firms and they clearly disclose in their public com…
Can a lawyer put a certification from a non-legal professional organization, like AICP planner certification, on the firm letterhead?
The opinion concluded a lawyer may note membership in a professional organization on letterhead, but if the certification implies certification in a legal field it must comply with DR 2-105(C), meanin…
Can a New York lawyer run and advertise a trademark practice over the Internet, communicate with clients by unencrypted e-mail, and operate under a trade name?
The opinion concluded a lawyer may operate and advertise a trademark practice on the Internet and ordinarily may use unencrypted e-mail for client confidences, subject to conflict checks, advertising …
What must a multi-state law firm's New York letterhead and business cards disclose about which lawyers are admitted in New York?
The opinion concluded that a firm's New York letterhead need not name its individual lawyers or a supervising partner, but for any named lawyer carrying a New York address who is not admitted in New Y…
Can a lawyer list a paralegal as a 'Certified Legal Assistant' on letterhead when a private association issued the certification?
The opinion concluded yes, provided the materials disclose that the National Association of Legal Assistants issued the certification and the lawyer has confirmed NALA certifies everyone who meets obj…
What job titles may a law firm's paralegals use on business cards and letterhead without misleading the public into thinking they are lawyers?
The opinion concluded that paralegal titles may not be false or misleading: 'Senior Paralegal' is fine, but titles like 'Legal Associate,' 'Public Benefits Specialist,' and the various 'Advocate' titl…
Can a lawyer's letterhead state a former judgeship and note that a lawyer is also admitted to practice in another state?
The opinion concluded yes to both: a lawyer may truthfully list a former judicial office and may indicate other jurisdictions of admission on letterhead and cards, so long as the statements are not fa…
Can a law firm run a separately named business that sells standard will forms to the public, and can that business prepare individual wills?
The opinion concluded that selling general standard will forms with a proper caveat is not the practice of law and may use a trade name, but preparing or advising on individual wills is the practice o…
After a New York firm dissolves into two successor firms, can either or both keep using a deceased founding partner's name in the firm name?
The opinion concluded that only one resulting firm, not both, may use a deceased founding partner's name, and only if it shows substantial continuity of membership, clientele, and practice with the pr…
Can a law school alumni association publish a directory of its lawyer graduates by location and practice area and answer phone inquiries about it?
The opinion concluded that an alumni association may publish and publicize such a directory if it conforms to the advertising rules, but listed New York lawyers may identify areas of law they practice…
Can a lawyer form a firm with an accountant to provide tax legal and accounting services, share legal fees, and use a joint letterhead?
The opinion concluded that a lawyer may not form a firm with a nonlawyer accountant to provide legal services (it aids the unauthorized practice of law and is a barred partnership with a nonlawyer), m…
Can a lawyer who is also a title insurance agent advertise that fact in the yellow pages under both the title-agent and lawyer headings?
The opinion concluded that a lawyer authorized to issue title insurance may list that fact under the 'title company and agent' heading in the yellow pages and may note the authority in his 'lawyers' l…
Can a law firm list a part-time branch office on its letterhead?
The opinion concluded that a firm may list a branch office staffed only part of the month on its letterhead only if it actually provides minimum services there, otherwise it must add a disclaimer noti…
Can a British law firm open a New York office run by one of its members who is admitted to the New York bar?
The opinion concluded that a British solicitors' firm may open a New York office managed as resident partner by a member admitted to the New York bar, because a lawyer admitted in another jurisdiction…
Can a New York firm list a foreign correspondent or associated firm on its letterhead?
The opinion concluded that a New York firm may not list a foreign 'correspondent,' 'associated,' or 'affiliated' firm on its letterhead, because those terms have no settled meaning and are misleading …
Can a professional corporation be a partner in a law firm?
The opinion concluded that, where state law permits it, a professional corporation may be a partner in a law firm, so long as the corporation's status and participation are clearly noted on letterhead…
Can a law firm list nonlawyer employees such as registered patent agents and paralegals on its letterhead?
The opinion concluded that, after Bates and the amended Canon 2, a firm may list nonlawyer employees on its letterhead where that is relevant to selecting counsel and not deceptive, provided their non…
Can a law firm professional corporation open a branch office under the name of an associate who has no equity in the firm?
The opinion concluded that a professional corporation may not name a branch office for an associate-employee who has no partner-like status, because using his name would be misleading under DR 2-102(B…
Can a New York lawyer who is also a CPA say so on the firm letterhead and professional cards?
The opinion concluded that a lawyer may state on a letterhead or professional card that he is licensed as a certified public accountant, because the post-Bates rules let a lawyer list truthful credent…
Can a lawyer whose LL.B. was converted to a J.D. list both degrees in advertising?
The opinion concluded that a lawyer whose LL.B. was replaced by a J.D. may publicize one degree but not both, because a graduate earned only one degree and listing both would be misleading puffery.
Can a law firm's name-change announcement say the change was prompted by a partner becoming a judge?
The opinion concluded that a firm may state in a change-of-name announcement that the change resulted from a partner assuming judicial office, because it gives useful information about the reason for …
Can a bar association publish a consumer legal directory of lawyers for distribution to the public?
The opinion concluded that a state, county, or local bar association may publish a law list or legal directory for wide public distribution, provided the listing conforms to DR 2-102(A)(6) and the inf…
Can a group of private lawyers practice under a trade name like 'Community Law Office'?
The opinion concluded that private lawyers may not practice under the name 'Community Law Office' because it is a trade name that could mislead the public about the identity and status of those practi…
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?
The opinion concluded that the New York letterhead of a multi-state firm may show both office addresses and each lawyer's admissions, including admission only in another state, provided a non-admissio…
Can a law firm or professional corporation merge with or operate a collection agency business?
The opinion concluded that it is improper under the Code for a law firm or professional corporation that practices law to merge with or engage in the business of a collection agency, which must be kep…
When a lawyer leaves a firm, can he mail office-opening announcements to the firm's clients he personally served?
The opinion concluded that a departing lawyer may send formal announcements of his new office to clients of his former firm whom he knows personally and for whom he performed services, and those clien…
Can a criminal defense lawyer get a private-investigator license to run his own case investigations?
The opinion concluded that a lawyer may hold a separate occupation such as private investigator, subject to the Code's limits on using that occupation as a feeder for legal work; using the license onl…
What may a lawyer include in a classified telephone directory listing beyond name, address, and office number?
The opinion concluded that a lawyer's classified directory listing may include the firm name, a night or alternative telephone number, the office building name, suite, zip, and cable address, but may …
When a law firm writes a newsletter for a client to sell to the public, can the newsletter name the lawyer and firm who prepared it?
The opinion concluded that an unembellished statement naming the lawyer and firm who prepared the newsletter is permissible, but the newsletter may not promote the firm's or lawyer's competence, exper…
Can a law firm partner also maintain a separate solo practice using his own letterhead at the firm's address?
The opinion concluded that a partner may also represent clients individually if there is a valid reason for the dual practice, clients understand the lawyer and not the firm represents them, and confu…
Can a professional corporation's name include a former partner or an of-counsel lawyer?
The opinion concluded that a professional legal corporation's name may not include a former partner who continues to practice law elsewhere, nor a lawyer who was only 'of counsel' to the predecessor p…
Browse New York State Bar Association opinions by topic
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.