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 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…
Can a lawyer join a private divorce-mediation referral service that advertises and routes callers to mediators by location?
The opinion concluded that a lawyer may not participate in a divorce-mediation referral service that no bar association operates, sponsors, or approves, because lawyer-provided mediation is the practi…
Can a lawyer run ads or send letters to a company's employees inviting them to join an employment discrimination class action?
The opinion concluded that a lawyer may advertise for and mail letters to potential class members inviting them to join class action litigation, including targeted recipients, as long as the lawyer fi…
Can a lawyer join a barter exchange and accept 'trade dollars' for legal services?
The opinion concluded a lawyer may participate in a commercial barter exchange if the exchange does not control the lawyer's professional judgment or steer clients to particular lawyers, its advertisi…
Can a lawyer run a pay-per-minute '900 number' service giving legal advice by phone, advertise it on the radio, and refer callers to other firms?
The opinion concluded a lawyer may give legal advice on a paid 900-number call if the lawyer is competent, the fee is reasonable, and the lawyer discloses the limits of the advice and of any attorney-…
Can a lawyer use actors to dramatize real client testimonials, or use made-up clients and testimonials, in radio or TV ads?
The opinion concluded a lawyer may use actors to dramatize an actual client's testimonial (with the client's consent and clear disclaimers) and may use fictional situations without testimonials, but m…
Can a lawyer put advertising materials in an information packet that a car dealer hands to people buying cars?
The opinion concluded a lawyer may place advertising material in a car dealer's information package for car buyers, so long as the ad is not false or misleading, the dealer does not discuss or endorse…
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 let a nonlawyer staff leasing company run debt-consolidation services for its clients under the firm's name?
The opinion concluded no: where the firm neither supervises the nonlawyers' work nor keeps a direct relationship with clients, the arrangement aids the unauthorized practice of law, and it also risks …
Can a lawyer record a 900-number message giving general legal information and advertising his services, charge the line's owner, and share the call profits?
The opinion concluded that a lawyer may record a 900-number message of general legal information, may use it to advertise his services if it meets all advertising rules, may charge the nonlawyer owner…
Can a New York lawyer mail copies of newspaper articles about the lawyer directly to accident victims along with a letter offering legal services?
The opinion concluded that a lawyer may send a targeted direct-mail letter enclosing newspaper articles about the lawyer to potential clients, provided the mailing comports with the advertising rules …
Can a New York lawyer use actual client testimonials in radio or television advertising?
The opinion concluded that a lawyer may advertise with client testimonials, declining to impose a per se ban, but a testimonial describing prior results must include a disclaimer that the result does …
Can a sitting town, village, or city justice use the title 'judge' or 'justice' in campaign materials when running for a higher judicial office?
The opinion concluded that an incumbent lower-court judge may use the title 'judge' or 'justice' in a campaign for higher judicial office, but the materials should specify the present judicial office …
Can a lawyer pay an advertising service that runs generic ads and sends all responders in an area to that lawyer, and does naming the participating lawyers in the ad change the answer?
The opinion concluded that a lawyer may not use an advertising service that places ads omitting the lawyer's own name, address, and phone number or that operates as an unapproved lawyer referral servi…
May an incumbent New York judge be shown wearing judicial robes in campaign material for re-election or for another judicial office?
The opinion concluded that there is no restriction on an incumbent judge being shown in judicial robes in campaign material, whether or not the judge customarily wears robes; being depicted in robes i…
Can a New York law firm pay to be the recommended firm in a real estate broker's homebuyer brochure?
The opinion concluded that a law firm may not pay to be listed as the recommended firm in a real estate broker's brochure; paying a third party to recommend the lawyer's services is prohibited by DR 2…
Can a New York lawyer hire a marketing firm to solicit clients for a prepaid legal plan and pay it a share of the legal fees?
The opinion concluded that a lawyer may not employ and compensate a public relations or marketing firm to solicit clients for the lawyer's prepaid legal services; paying a third party to recommend or …
Can a New York lawyer advertise a discount off customary fees to a civic group or the public for a limited time?
The opinion concluded that a lawyer may offer and advertise a discount from customary fees, but only where the customary fee is reasonably ascertainable and is actually the fee the lawyer charges for …
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…
May an incumbent New York judge be shown wearing judicial robes in campaign literature?
The opinion concluded that an incumbent judge may be depicted in judicial robes in campaign literature, modifying the earlier flat prohibition; following ABA Informal Opinion 1450, the controlling pri…
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 lawyer mail bar association 'Know Your Rights' pamphlets to clients and non-clients and mention them in advertising?
The opinion concluded that a lawyer may distribute the New York State Bar Association's 'Know Your Rights' pamphlets in a general mailing to clients and non-clients and may mention their availability …
Can a lawyer advertise examples of past case results and the dollar amounts recovered?
The opinion concluded that, as a general rule, a lawyer may not advertise results obtained in prior cases, including selected examples with recovery amounts, because such claims are unverifiable and t…
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 New York law firm organize and promote a legal seminar for nonlawyers by direct mail?
The opinion concluded that, absent a judicial holding to the contrary, a law firm may organize and promote a legal seminar designed for nonlawyers by direct mail; after Bates the old sponsorship requi…
Can a New York lawyer mail an advertisement to corporate executives he has no relationship with, and what may it say?
The opinion concluded that an advertisement meeting DR 2-101 may be mailed to strangers absent a court ruling that it violates Judiciary Law section 479; it may name practice areas and a public office…
Can a New York lawyer get a newspaper to run an article about opening a new office, and mail announcement cards to strangers?
The opinion concluded that, after Bates and the 1978 Code amendments, a lawyer may try to convince a newspaper to run a story about his new office and may mail announcement cards to anyone, but he may…
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 lawyer publish a newspaper notice offering to swap information with potential members of a class action?
The opinion concluded that a lawyer may contact potential class members to advance an existing client's legitimate interests, not to gain new clients, and bears a heavy burden of complying with all ap…
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 New York lawyer advertise years of experience in a particular area of practice?
The opinion concluded that, under the post-Bates rules, a lawyer may advertise a truthful number of years of experience in an accurately identified area of practice, provided the experience was freque…
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 law firm send a newsletter bearing its name, prepared by an outside service, to people who are not its clients?
The opinion concluded that a firm may distribute a firm-named newsletter prepared by others to its own clients with full disclosure, but distributing it to non-clients would create the appearance of s…
Can a lawyer publish a notice in a bar journal asking other lawyers with similar cases to get in touch?
The opinion concluded that a lawyer may publish a notice in a legal periodical inviting other attorneys who represent similarly situated clients to communicate with him, because cooperation serves the…
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 lawyer run a school that teaches laypeople how to file their own bankruptcy petitions pro se?
The opinion concluded that it is improper for lawyers, acting independently of any responsible sponsoring organization, to operate a school teaching laymen to prepare and file their own bankruptcy pet…
Can a lawyer hand a written fee-schedule brochure to clients and prospective clients who come to the office?
The opinion concluded that a lawyer may give a truthful and dignified fee-schedule brochure to clients and prospective clients who come to the office, so long as the rates are not the product of an an…
Can a lawyer feed the press a news story about a lawsuit he filed, or publicize his role in a case?
The opinion concluded that a lawyer should not instigate a news story highlighting his own involvement in a case, because that is indirect self-advertising; publicity genuinely in the client's interes…
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 lawyer let a prepaid legal service plan list his name, services, and fees in a brochure to its members, and can he distribute or pay for that brochure?
The opinion concluded that a lawyer may permit a qualified legal assistance organization to identify him and state his services and fee schedule in communications to its members, but he may not himsel…
Can a group legal service plan set a fee schedule in advance with participating lawyers, with the fees paid by plan members rather than the sponsor?
The opinion concluded that a qualifying group legal service plan may include a fee schedule agreed in advance between the lawyer and the sponsor, payable by individual beneficiaries rather than the sp…
What guidelines govern a lawyer who participates in a group legal service plan, including a labor union's plan, under New York's 1975 Code amendments?
The opinion concluded that lawyers may participate in group legal service plans sponsored by qualified legal assistance organizations under the 1975 Code amendments, subject to detailed conditions, an…
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…
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 Legal Aid Society advertise in a newspaper that free legal help is available to the indigent and list the kinds of cases it handles?
The opinion concluded that a Legal Aid Society may publish in a newspaper the availability of its services for the indigent and the categories of matters it handles, because the Code's advertising ban…
What can a lawyer running for judge put in campaign material, and can he call himself a judge based on a judges'-association membership?
The opinion concluded that a judicial candidate may state, in a dignified way, relevant qualifications such as arbitrator experience, training, and organizational memberships, but may not call himself…
Can a law firm announce that it is the 'successor' to a lawyer who left practice to become a judge?
The opinion concluded that an announcement describing a firm as 'successor' to a lawyer who retired from practice to become a judge is improper: it is advertising barred by DR 2-101 and an indirect so…
Can a lawyer offer himself to a community group as a speaker on legal topics?
The opinion concluded that it is improper for a lawyer, on his own initiative, to contact a lay organization and offer his services as a public speaker on legal topics, because the inevitable effect i…
Can a lawyer let a corporation list them as its counsel in the company's published financial statement?
The opinion concluded that a lawyer may not ordinarily permit being named as counsel in a corporation's financial statement published in a newspaper of general circulation, but that the identification…
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.