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…
May a Korean law firm, as an entity, be a partner or member of a New York limited liability partnership that includes New York-licensed attorneys?
Per the Committee, whether New York LLP substantive law permits a foreign law firm to be a member is a question of law beyond the Committee. If state law permits it, and if the Korean lawyers' educati…
May a New York attorney's irrevocable testamentary trust own his shares of a law-firm professional corporation after his death, when both the trustee and the sole beneficiary are New York-licensed lawyers and the trust prohibits any benefit to nonlawyers?
The Committee concludes no. A trust is a nonlawyer and is not an entity authorized to practice law, so its permanent ownership of P.C. shares would violate Rule 5.4(a), (b), and (d). Rule 5.4(d)(1)'s …
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 New York lawyer affiliate and share fees with a lawyer admitted only out of state who lives in New York and practices immigration law from a New York office?
Only conditionally. The opinion concludes the affiliation is permitted only if neither lawyer nor the firm is engaged in the unauthorized practice of law (a question of law the committee cannot answer…
Can a New York lawyer partner with a U.K. solicitor who also belongs to a U.K. firm with nonlawyer owners, and may the two firms co-brand and share fees?
Yes, with conditions: Rule 7.5(d) allows the cross-border partnership, the solicitor's separate U.K. ABS membership alone does not violate Rule 5.4, but co-branding cannot mislead the public and fee d…
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 New York lawyer be sold to, merge into, or work for a foreign law firm that has nonlawyer owners?
Generally no. The opinion concludes a New York lawyer may not practice in a firm (in New York or elsewhere) with direct or indirect nonlawyer ownership unless the lawyer principally practices in the o…
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…
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…
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 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…
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 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 add nonlawyer family members as minority members of the PLLC through which the lawyer practices, so they can get retirement and health benefits?
No. The opinion concludes that Rule 5.4(d) bars a lawyer from practicing in a for-profit entity in which a nonlawyer holds any ownership interest or membership, so a PLLC providing legal services may …
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…
Could a New York lawyer open a New York branch of an out-of-state firm and practice under the firm's trade name, where the firm's home state permits trade names?
No, under the rule as it stood. The opinion concluded that Rule 7.5(b) barred a New York lawyer from practicing under a trade name in New York even as a branch of an out-of-state firm allowed to use t…
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 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 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 lawyer use an English translation of their own surname as the firm's name?
Under the rule the committee applied, no: a solo admitted under an actual surname could not use an English translation of that surname as the firm name, because it was a trade name and was misleading …
Can a solo principal call the firm 'A & Associates' when the only other lawyers are 'of counsel'?
Yes. A firm with one principal and two properly designated 'of counsel' lawyers may call itself 'A & Associates,' because 'of counsel' lawyers are 'associated' with the firm, so long as those lawyers …
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,…
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 lawyer who has taken retired status in New York still use 'Esq.' on business cards and letterhead for a non-legal business?
Yes. The opinion concludes a retired lawyer remains a lawyer and may use 'Esq.', but where there is a risk that clients or the public will be confused about the lawyer's role, the lawyer must indicate…
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…
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…
When a law firm adds a name partner, must it discard old letterhead and open a new trust account?
No, if the firm is the same entity or a legal successor and makes the necessary corporate filings and bank changes. It may use up the old letterhead and keep using the existing trust and operating acc…
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 lawyer admitted only in New York be of counsel to an out-of-state firm that practices under a trade name?
No. Because New York bars lawyers from practicing under a trade name and the New York-only lawyer cannot 'principally practice' in the jurisdiction that allows the trade name, New York's rules govern,…
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 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 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 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 two solo New York lawyers, each practicing as a PLLC, form a law firm by creating a joint venture of their PLLCs?
Yes, on the facts given. Two PLLCs may create a joint venture that functions as a law firm, using a name that discloses the joint-venture relationship; the venture is a 'firm,' which matters for confl…
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 a firm list a departing former name partner as 'Special Counsel' on its letterhead, and what does that title do to conflicts?
Only if the departing lawyer is actually available to the firm for consultation on a regular and continuing basis. If the title fits, the lawyer is 'associated' with the firm and his conflicts are imp…
Can a New York law firm pay an of-counsel lawyer's compensation to a Subchapter S corporation that a non-lawyer spouse partly owns?
Not as compensation for legal services, because a professional service corporation organized to practice law cannot have non-lawyer shareholders. The firm may pay that corporation as a third party at …
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 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 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 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 keep a name partner's name in its name after that partner leaves to become a corporation's in-house counsel?
No. A partner who leaves to practice as in-house counsel is not 'retired' under Rule 7.5(b), and the firm cannot keep his name by treating him as on open-ended leave or as of counsel while he minimize…
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.