|
NEW YORK STATE BAR ASSOCIATIONCommittee
on Professional Ethics Opinion #237 - 03/17/1972
(13-72)
Overruled by 434
Topic: Letterhead
Digest: Lawyer may not use legend "Member of the Bar of the State of
New York and New Jersey" on his letterhead
Code: EC 2-9; DR 2-102; 2-102(D)
QUESTION
May a lawyer admitted to practice in both New York and New Jersey and
maintaining offices in both states, place on his professional
letterhead, which carries both addresses, the legend "Member of the Bar
of the States of New York and New Jersey"?
OPINION
Professional notices and letterheads must be dignified and avoid
self-laudation and other forms of commercialization. See EC 2-9 and DR
2-102. The proposed language would tend to violate these standards and
should not be used.
In order to prevent possible public misunderstanding, DR 2-102(D)
mandates that letterheads and other permissible listings make clear all
jurisdictional limitations on any firm members and associates whose
names are listed on a professional letterhead. This provision does not,
however, justify the inclusion on the letterhead of a lawyer practicing
in more than one state an affirmative notation that he is admitted to
practice in each state for which an office address is given. The
inclusion on a lawyer's professional letterhead of multiple state
addresses necessarily implies his admission to practice in each state
for which an address is given, subject to the disclaimer requirements of
DR 2-102(D).
Prior to the adoption of the Code, it was held that it was improper
for a New York lawyer admitted to practice in more than one state to
include on his letterhead a specific notation of the states in which he
was admitted to practice. N.Y. State 41 (1966). See also, ABA Inf. 956
(1966); ABA Inf. 821 (1965); N.Y. City 838 (1959) and Drinker, Legal
Ethics 229 (1953). The adoption of the Code requires no modification of
these earlier decisions.
Related Files
Opinion 237 (Adobe PDF File)
| 
