Can New Jersey law partners be listed 'of counsel' on a sole practitioner's letterhead in another county, and the sole practitioner 'of counsel' to their firm?

Plain-English summary

Two law partners asked whether their names could appear as "of counsel" on the letterhead of a sole practitioner whose office is in another county, and whether they could list that sole practitioner as "of counsel" to their own firm. The Committee found nothing in DR 2-102 that would preclude the proposed cross-listings, noting that the former paragraph (A)(4) of the rule allowed designating a lawyer "of counsel" on a letterhead where he has a continuing relationship with a lawyer or firm other than as a partner or associate.

The Committee qualified its approval with two assumptions: that those designated "of counsel" are in fact available to the clients of the separate firms, and that any division of fees will not offend DR 2-107(A) or the rules referred to there. On those assumptions, because the designation accurately portrays the relationship to the public and is in no way misleading, the Committee held it proper.

Currency note

This opinion was issued in 1979, before New Jersey's adoption of the 2004 revisions to the Rules of Professional Conduct, and predates the 1984 replacement of the Disciplinary Rules by the RPCs. It applied DR 2-102 (letterheads) and DR 2-107(A) (division of fees); in current New Jersey terms those correspond broadly to RPC 7.5 and RPC 1.5. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a firm and a sole practitioner list each other "of counsel"?

A: Yes. The opinion found nothing in DR 2-102 precluding the cross "of counsel" listings, given a genuine continuing relationship.

Q: What conditions applied?

A: Those listed must actually be available to the separate firms' clients, and any fee division must not offend DR 2-107(A); on those assumptions the designation was proper.

Q: Does being in different counties matter?

A: No. The opinion approved the listings even though the sole practitioner's office was in another county, because the designation accurately portrayed the relationship.

Background and rules framework

The opinion applied DR 2-102 (letterhead designations, including the "of counsel" provision for a continuing relationship other than partner or associate) and DR 2-107(A) (division of fees among lawyers not in the same firm). In current New Jersey terms, the letterhead rule corresponds to RPC 7.5 and the fee-division rule to RPC 1.5. The holding was that a genuine, accurately described "of counsel" relationship is permissible, including cross-listings between a firm and a sole practitioner.

Citations and references

Rules of Professional Conduct:

• MR 7.5 / NJ RPC 7.5 (firm names and letterheads; "of counsel")
• MR 1.5 / NJ RPC 1.5 (fees; division of fees)
• DR 2-102, DR 2-107(A) (as in effect 1979)

See also

• NJ ACPE Op. 443: Lawyers Acting "Of Counsel" to More Than One Firm
• NJ ACPE Op. 447: Putting "C.P.A." on a Lawyer's Letterhead

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp444-1.html
• Issuing authority: New Jersey Supreme Court Advisory Committee on Professional Ethics, via the NJ Courts Supreme Court Committees page

Original opinion text

Reproduced from a full-text mirror of the official opinion for research purposes. The linked official source controls.

104 N.J.L.J. 567, December 27, 1979

OPINION 444

Two Partners "Of Counsel" to Sole Practitioner in Other County and Vice Versa

Two law partners inquire whether their names may appear as "of counsel" on the letterhead of a sole practitioner whose office is located in another county and whether they may include the name of the sole practitioner as "of counsel" to the inquiring firm. Nothing in DR 2-102 would preclude the proposed representation. Former paragraph (A)(4) of that rule provided "A lawyer may be designated 'of counsel' on a letterhead if he has a continuing relationship with a lawyer or law firm, other than as a partner or associate." We are asked to assume, of course, that those designated "of counsel" are available to clients of the separate firms and that any division of fees will not offend DR 2-107(A) or the rules referred to therein. Since the proposed designation appears accurately to portray the relationship to the public it is in no way misleading and it is therefore proper.