NEW YORK STATE BAR ASSOCIATIONCommittee on
Opinion #233 - 02/25/1972 (6-72)
Topic: Partnership Name
Digest: Improper to use in firm name the name of a former partner who
has become a full time district attorney
Code: DR 2-102 (B); EC 2-11; EC 2-12
May the name of a former member of a law firm who has been elected a
full-time District Attorney be continued in the firm name?
The name of a former member of a law firm who has become a
fulltime district attorney may not be continued in the firm name
of the former partnership. DR 2-102(b) provides in pertinent part:
"A lawyer who assumes a judicial, legislative, or public executive or
administrative post or office shall not permit his name to remain in the
name of a law firm or to be used in professional notices of the firm
during any significant period in which he is not actively and regularly
practicing law as a member of the firm, and during such period other
members of the firm shall not use his name in the firm name or in
professional notices of the firm."
See also, EC 2-11, EC 2-12. N.Y. State 58 (1967) was decided
prior to the adoption of the Code. To the extent it is inconsistent with
this opinion, it is overruled.