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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May a lawyer admitted only in New Jersey and DC who works as a salaried associate at a New York firm simultaneously run a solo New Jersey practice, and what New York-rules duties attach to the conflicts, advertising, and trust-account aspects?
The opinion concludes the New York Rules do not bar simultaneous employment at two firms, but Rule 1.10 imputes conflicts across both firms (no screening cure available), Rule 7.1 governs any advertis…
Can a New York lawyer pay an online platform that scores users' anonymized workplace-experience entries and connects the lawyer with a user (with the user's consent) without violating the solicitation, advertising, or fee-payment rules?
The opinion concludes the resulting lawyer-user communication is neither a solicitation nor an advertisement (the user initiates it by consenting to disclosure), and the lawyer's payment is a permissi…
Can a New York lawyer ask former clients to write Google reviews and offer them a small gift for doing so?
The committee concluded a lawyer may ask a former client to write a Google review and may offer a nominal gift, provided the lawyer does not draft the review or condition the gift on its content, and …
Can a lawyer use an online bidding platform that takes a percentage of the legal fee and vets the participating attorneys?
No. The opinion concludes that paying a non-lawyer-owned online bidding service a percentage of the legal fee violates Rule 5.4(a)'s bar on fee sharing; because the service vets and rates the lawyers'…
Can a lawyer pay to be listed on a website that promises to match clients with carefully vetted, highly qualified attorneys?
No. The opinion concludes that a website claiming to connect clients with carefully vetted, excellently qualified attorneys is an advertisement on the lawyers' behalf, and the lawyers' payment to be l…
Can a New York lawyer use 'J.D.' on letterhead and business cards while working in a nonlegal job, such as a university development officer?
Yes. The opinion concludes a lawyer who earned a juris doctor may use the 'J.D.' designation while working in a nonlegal capacity, as long as the lawyer takes care that the relevant audience is not mi…
Can a lawyer pay a nonprofit to be listed on its website as a sponsor or as a legal resource for victims?
A lawyer may buy ads on the site and may be listed as a 'sponsor' for a donation, but may not pay to be listed on a page that recommends lawyers to victims, which is a prohibited payment for a recomme…
Does a lawyer's YouTube channel offering general legal information count as attorney advertising in New York?
Not necessarily. The opinion concludes a lawyer may run a revenue-producing YouTube channel offering general legal information; it is not advertising unless its content is primarily about the lawyer's…
Can a lawyer admitted in New York and Florida, with an office only in Florida, state on the Florida letterhead that he is admitted to the New York Bar?
Yes. The opinion concludes that, under the New York rules, a lawyer admitted in both states may truthfully state on his Florida letterhead that he is admitted to the New York Bar, as a truthful creden…
Can a single law firm market itself under two different assumed names (d/b/a) for two separate practice areas?
Yes. The opinion concludes a law firm may operate under two different assumed names that distinguish separate practice areas, as long as no particular facts make the use false, deceptive, or misleadin…
Can a solo practitioner use 'and Associates' in the firm name when the only other lawyers she works with are employed by other firms?
No. The opinion concludes that 'associate' means a lawyer employed by the firm, so a sole practitioner with no employed lawyers may not call lawyers at other firms her 'associates' or use 'and Associa…
Is it advertising or prohibited solicitation for a lawyer to ask a fertility clinic to list him on its website as an assisted-reproduction lawyer?
It is advertising, not solicitation. The opinion concludes that asking to be listed on the clinic's website is attorney advertising subject to Rule 7.1, but is not a solicitation because it is not dir…
Can a solo practitioner put his late father's name on the firm letterhead when the father never practiced with the firm?
No. The opinion concludes a firm may not list on its letterhead the name of a deceased attorney who is not in a continuing line of succession with the firm, because the implied affiliation is deceptiv…
Is an out-of-state firm's mass email to a list of New Yorkers seeking class-action plaintiffs a regulated solicitation?
Yes. The opinion concludes that an email blast to a list of specific New York individuals seeking class-action plaintiffs is both an advertisement and a solicitation under Rules 7.1 and 7.3, and New Y…
Can a lawyer use a website domain name that is different from the name the firm practices under?
Yes. The opinion concludes a lawyer may use a domain name (such as a descriptive practice-area name) that differs from the firm name, as long as neither the firm name nor the domain name, separately o…
Can a lawyer run a business renting office space and equipment to other lawyers, and is that nonlegal business subject to the ethics rules?
Yes. The opinion concludes that renting office space to other lawyers is a permitted nonlegal business; under Rule 5.7(a)(3) it is subject to the ethics rules only if a renter could reasonably believe…
After a lawyer changes firms, may she contact the clients she used to represent to tell them she has moved and offer to review their estate plans?
Yes. The opinion concludes that a communication to former clients that is germane to the earlier representation is neither an advertisement nor a solicitation, so Rules 7.1 and 7.3 do not apply; it mu…
Can separate, independent law firms form a PLLC and market themselves jointly as members of 'ABC Law Group PLLC' when they do not actually practice law together?
No. The opinion concludes that 'ABC Law Group PLLC' would be a false, deceptive, and misleading trade name because it implies the member firms are associated in the practice of law within the PLLC whe…
Can a law firm keep a founding partner's name in the firm name after that partner leaves to take a nonlegal job or becomes Of Counsel?
Yes. The opinion concludes that there has never been a per se bar to keeping a former partner's name in the firm name; a firm may keep it when the partner leaves for nonlegal work or becomes Of Counse…
Can a lawyer pay to join an online matching service that picks 'the best traffic lawyer' for a client and vouches for that lawyer's track record?
No. The opinion concludes that a service that vouches for a lawyer's credentials and recommends the lawyer as the 'best' or 'right' choice is making a prohibited recommendation, so the lawyer's paymen…
After New York's 2020 amendment to Rule 7.5(b), can a law firm practice under a trade name that contains no lawyer's name, such as an acronym or a street name, or keep a retired partner's name?
Yes. The opinion concludes that the amended Rule 7.5(b) lets a firm practice under a trade name (including an acronym or street-address name) or keep a retired partner's name, as long as the name is n…
After buying a retired lawyer's practice, can a firm note 'former office of [retired lawyer]' and that lawyer's dates of practice on the letterhead of the acquired office?
Yes. The opinion concludes that a firm that purchased a retired (now deceased) lawyer's practice may list that lawyer's name and dates of operation on the acquired office's letterhead, because doing s…
Can a lawyer run a separate website that helps pro se litigants generate court filings through an automated system without forming an attorney-client relationship?
Sometimes. The opinion concludes a lawyer may operate a separate business offering generic do-it-yourself forms only if it is not used to solicit the lawyer's legal practice; once an attorney reviews …
Can a lawyer admitted only in New York practice at a New York office of a D.C.-based firm that uses a trade name, and may the New York office keep a surname-based name and advertise the affiliation?
The opinion concludes that a lawyer admitted only in New York may not practice in New York under a firm trade name, even one permitted where the firm is organized; the New York office may keep a surna…
Can a New York lawyer market freelance or per diem services to other lawyers under the name 'Surname Esquire,' and must the lawyer keep a separate bank account and other records?
The opinion concludes a lawyer may market per diem services to other lawyers as 'Surname Esquire'; marketing aimed only at lawyers is not attorney advertising; a freelance lawyer who holds no one else…
Can a lawyer who is outside counsel to a company communicate with third parties from the client's email address, with the client's logo and a title like 'Corporate Counsel and Chief Compliance Officer'?
Yes, if true. The opinion concludes that under the Rule 7.5(a)(4) safe harbor, a lawyer who devotes substantial professional time to the client may use the client's email, logo, and an accurate office…
Can a lawyer admitted in New York but practicing only at an out-of-state firm with no New York office list the New York admission on the firm's letterhead?
Yes. The opinion concludes a New York lawyer admitted in another state may list the New York admission on out-of-state letterhead even without a New York office, as long as the lawyer discloses to cli…
Can a lawyer buy a firm wholly owned by another lawyer who keeps practicing elsewhere, and keep using that lawyer's name on the firm?
Yes. The opinion concludes a lawyer with a pre-existing, bona fide affiliation may purchase the firm under Rule 1.17, that the seller is 'retired' once he stops practicing in the firm's geographic are…
Can a solo lawyer name the firm using only the lawyer's middle and last names, even if it might look like two lawyers?
Yes. The opinion concludes a lawyer who practices under the lawyer's full surname may drop the first name and use a firm name of the middle and last names, because that minor variation of the lawyer's…
Can a New York lawyer who is also a licensed engineer run both practices in one entity, name the firm after the engineering work, and avoid the Rules for the engineering clients?
A lawyer-engineer may run both practices in one entity from one office, but the firm name may not reference the engineering practice. Because engineering is distinct from legal work, the lawyer can ke…
Can a New York lawyer also work as a financial planner for the same clients, advertise the planning service, and take referral fees from investment firms?
A lawyer may provide both legal and financial-planning services if no significant conflict exists, but may not take brokerage commissions on products bought by legal clients, which is a nonconsentable…
Can a New York lawyer name the firm using only a first name, like 'The Jane Law Firm,' to stand out from other firms sharing the surname?
Under the rule the committee applied, no: a firm name had to include a lawyer's surname, so a first-name-only name was an impermissible trade name. The first name could still be used as branding, and …
Can a real estate lawyer and a spouse who is a real estate broker send each other client referrals?
Yes, with limits. The lawyer may take referrals from the broker spouse only if the spouse is uninvolved in the transaction and follows the lawyer-solicitation rules, and may refer clients to the spous…
Can a lawyer admitted only in another state use 'Esq.' in New York and call themselves a lawyer when doing pro bono immigration work here?
Yes, with care. A lawyer not admitted in New York may use 'Esq.' on a non-legal-job business card if the card does not suggest the person practices law in New York, and may call themselves a lawyer fo…
Can a law firm sponsor parties, sporting events, or raffles to promote its name?
Yes. Sponsoring receptions, sporting events, and raffles is permissible branding outside the advertising rules if the primary purpose is name recognition. The firm may not use those occasions for in-p…
Can a lawyer who is also a CPA make unsolicited cold calls offering accounting services that overlap with legal work?
No. When the accounting services are not distinct from the lawyer's legal services, Rule 5.7(a)(1) makes all the Rules apply, including Rule 7.3's ban on in-person and telephone solicitation of strang…
Can a New York lawyer pay Avvo Legal Services' marketing fee to participate in the program?
No. Avvo's marketing fee is an improper payment for a recommendation under Rule 7.2(a). By advertising its ratings as identifying 'the right' lawyer, touting participants as 'highly qualified,' and ba…
Can a lawyer pay a for-profit online service a flat fee for leads to potential clients?
Yes. A lawyer may pay a for-profit lead service for client leads if the service picks lawyers by transparent, mechanical methods, does not analyze the client's problem or recommend any lawyer, and its…
Can a New York law firm send an educational newsletter to a broad audience, and accept payment from a real estate brokerage to offset the cost?
Yes to both, with limits. An educational newsletter is not advertising and may go beyond current and former clients; if it primarily promotes the firm it is advertising and must meet Rules 7.1 and 7.3…
Can a lawyer host educational seminars and webinars for non-lawyers, publicize them, and discuss representation with attendees afterward?
Yes. The opinion concludes a lawyer may organize and present such programs and follow up about representation, subject to the advertising and solicitation rules: a hiring pitch can turn the program in…
Can a private New York law firm call itself 'Jane Doe Legal Services, PLLC'?
No. The opinion concludes that 'legal services' is too 'like' the terms reserved for qualified legal assistance organizations under Rule 7.5(b), and the legal-clinic safe harbor does not extend to it,…
Can a New York lawyer who is also a real estate broker link from the law firm website to a page about the brokerage?
Yes. A lawyer may link from the firm site to a real estate brokerage profile if both the site and the linked page comply with the advertising rules; the lawyer must also heed Rule 5.7 on ancillary non…
Can a New York lawyer use the 'Accredited Estate Planner' (AEP) designation on a website or business cards?
No. Because the National Association of Estate Planners & Councils' AEP program has not been approved by the ABA, the opinion concludes that putting 'Accredited Estate Planner' on a website or busines…
When a law firm changes its name, must it immediately update all of its advertising, signs, and website domain to the new name?
No. The opinion concludes a firm that adds a partner's name has a reasonable time to update existing advertising, judged by whether the old ads are misleading and the cost and ease of changing them; w…
Can a New York lawyer give a prospective client the names of other clients the lawyer has represented as references?
Only with care. The opinion concludes a lawyer may name clients in advertising with their prior written consent, and absent consent may disclose a client's identity only if it is not confidential info…
Can a retired judge use a trade name for a business that helps lawyers prepare their court arguments?
No. The opinion concludes that advising lawyers on how to prepare specific arguments for court is the practice of law, so Rule 7.5(b)'s ban on trade names applies and the business may not operate unde…
Can new lawyers raise start-up money for their law firm through online crowdfunding, and which crowdfunding models are allowed?
Some models, not others. Donation and reward crowdfunding are permissible, but equity and royalty models are barred because giving a funder an ownership interest or a share of revenue violates Rule 5.…
Can a lawyer give clients a credit on their bill in exchange for rating the lawyer on a review website like Avvo?
Yes. A lawyer may give clients a $50 credit for rating the lawyer on a site like Avvo, provided the credit is not contingent on the content of the rating, the client is not coerced or compelled to rat…
Can a New York lawyer reply to someone's online post asking for a lawyer, and can a lawyer post on Reddit or Twitter to find plaintiffs for a case?
A lawyer may respond, in the manner invited, to a potential client who posts online asking to be contacted; that response is not solicitation, though describing the lawyer's services to secure retenti…
Which state's ethics rules govern a New York lawyer practicing from a DC office under supervision while a DC bar application is pending, and what governs the firm's website and letterhead?
A New York lawyer practicing in DC under the DC court rule while a DC admission application is pending is 'licensed to practice' in DC for choice-of-law purposes. Whether New York or DC rules apply th…
Can a New York lawyer run a blog with an opt-in box offering a free report in exchange for contact information used to market the lawyer's services later?
Yes. A lawyer may operate a blog with an opt-in box offering a free report for a reader's contact information, and the blog itself is not a solicitation. Later emails using that contact information to…
Can a lawyer use the job title 'immigration specialist' in a nonlegal HR role without violating the ban on calling yourself a specialist?
Yes, if she does not publicly tie the 'specialist' title to her status as a lawyer. Rule 7.4 bars a lawyer from publicly claiming to be a specialist, but the ban does not reach someone who is not hold…
What must a New York law firm's name, letterhead, and business cards include or disclose?
A professional-corporation firm name must include 'P.C.' A firm need not call itself a 'law office.' Personal cards and letterhead may list a lawyer by name without a position title. But firm letterhe…
Can a New York lawyer run a purely virtual law office, and does the advertising rule require a physical street-address office?
Yes. Opinion 1025 holds that Rule 7.1(h) regulates only advertising and does not independently require a physical office, so a non-resident New York lawyer who advertises may list the internet address…
Can a law firm use a website domain name that combines its practice area with the word 'expert'?
No. The opinion concludes that 'expert' implies a comparative claim of superior results that no disclaimer can cure, and is the equivalent of the 'specialist' label Rule 7.4 restricts, so a firm may n…
Can a law firm's staff answer the phone using the partners' initials, and name a sponsored little league team after them?
Yes. The opinion concludes that using the named partners' initials only to answer the phones, or to name a sponsored little league team, is not practicing under a trade name and does not violate Rule …
Can a New York lawyer contact a prospective client who, on a current client's recommendation, asked to be contacted?
Yes. The opinion concludes a lawyer may contact such a prospective client as long as the lawyer did not initiate the contact and paid nothing for the recommendation; an unsolicited referral that the p…
Can a New York law firm advertise that it offers second opinions to people who already have a lawyer?
Yes. The opinion concludes a firm may advertise its availability to give second opinions to represented parties; the no-contact rule does not apply because the firm is not yet involved in the matter, …
Are a law firm's press releases and tweets about shareholder lawsuits subject to New York's attorney advertising and solicitation rules?
Yes. The opinion concludes press releases and tweets aimed at potential clients are advertisements and solicitations: press releases keep a three-year retention, tweets a one-year retention and an 'At…
Can a New York lawyer advertise being listed in 'Best Lawyers' without violating the advertising rules?
Yes, if the lawyer assesses the listing's methodology and concludes it is a bona fide professional rating: unbiased, nondiscriminatory, and based on a defensible method. The opinion treats the listing…
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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.