Can a Florida lawyer who is 'Of Counsel' to an out-of-state firm list that firm's address on his Florida letterhead?

Plain-English summary

The inquirer maintained offices in Florida and asked whether he could use, on the same letterhead, the address of offices in Ohio kept by a firm in which he was formerly a partner but in which he was then listed only as "Of Counsel." He explained that he had no space assigned to him in the Ohio offices, that he visited about once a month, that some Ohio business was assigned to him, and that fees on those items were divided on "an equitable basis" after deducting 40% for the Ohio offices' expenses.

The committee concluded that, on these facts, the inquirer was not maintaining an office in Ohio so as to justify that address appearing on the stationery he used in his Florida office.

Currency note

This opinion was issued in 1977, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rule 4-7.21 before relying on any specific requirement mentioned here.

Common questions

Q: Can a Florida lawyer list an out-of-state firm's address on his Florida letterhead when he is only "Of Counsel"?

A: The opinion concluded he may not, where he does not actually maintain an office at that address.

Q: What facts did the committee find decisive?

A: Per the opinion, the inquirer had no space assigned to him in the Ohio offices, visited only about once a month, and so was not maintaining an office there.

Background and rules framework

The opinion addressed what a law office letterhead may represent about where the lawyer maintains an office. That subject corresponds to Model Rule 7.5 (firm names and letterheads) and Model Rule 7.1 (communications about a lawyer's services must not be misleading); the current Florida counterpart is Rule 4-7.21. The opinion rested on whether the lawyer in fact maintained the office shown, rather than on a numbered Disciplinary Rule.

Citations and references

Rules of Professional Conduct:

• The opinion cited no Disciplinary Rule by number; it applied the principle that a letterhead address must reflect an office the lawyer in fact maintains.

See also

• FL Bar Ethics Op. 77-17: Letterhead Partner-Associate
• FL Bar Ethics Op. 78-13: Lawyer Name on a Bank Sign
• CA Op. 2004-167: Firm Trade Names and Government Titles

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-76-34/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-76-34-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 76-34
May 3, 1977
Advisory ethics opinions are not binding.
An attorney maintaining offices in Florida may not properly use on the same letterhead the address of an Ohio firm in which he is presently listed as "Of Counsel."
Vice Chairman Taylor stated the opinion of the committee:
An inquirer presently maintaining offices in Florida wishes to know if he may properly use on the same letterhead the address of offices in Ohio maintained by a firm in which he was formerly a partner but in which he is not presently a partner although presently listed as "Of Counsel." He advises that he has no space assigned to him in the Ohio offices, which he visits about once a month; that some items of business in the Ohio offices are assigned to him and that the fees earned on these items are divided on "an equitable basis" after deducting 40% to cover the office expenses of the Ohio offices.
It is the opinion of the Committee that the inquirer is not maintaining an office in Ohio so as to justify that address appearing on stationery used in his Florida office.