Can a New York firm list a lawyer admitted only in a foreign country as an associate on its letterhead and in its advertising?
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This page answers the general question as of 1995. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.
Plain-English summary
The committee was asked whether a person admitted to practice law only in a foreign country could be listed as an associate on a New York firm's letterhead and other advertising. Its earlier Formal Opinion 884 (1974) had said no, where the firm maintained no office in the jurisdiction in which the associate was admitted, reasoning that a recipient could be misled into thinking the firm had an office there and that a disclaimer could not cure the ambiguity (misleading letterheads being barred by DR 2-102).
The committee reconsidered and modified that aspect of Opinion 884. Assuming the associate could lawfully engage in the practice of law to some extent in New York (a question of law on which the committee did not opine), it concluded that listing the associate's name on the firm's letterhead would not be misleading, provided an appropriate disclaimer set forth the jurisdictional limitations on his or her practice, consistent with DR 2-102(D).
Currency note
This opinion was issued in 1995, before New York replaced the Code of Professional Responsibility (the Disciplinary Rules cited here) with the New York Rules of Professional Conduct, effective April 1, 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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 list a foreign-admitted lawyer as an associate on its letterhead?
A: The opinion concluded yes, provided an appropriate disclaimer sets forth the jurisdictional limitations on the associate's practice, consistent with DR 2-102(D).
Q: Doesn't a disclaimer fail to cure the risk of misleading the public?
A: The committee modified its earlier Opinion 884 on this point, concluding that with an appropriate disclaimer the listing is not misleading.
Q: Did the committee decide whether the foreign-admitted lawyer may practice in New York?
A: No; the committee expressly assumed, without opining, that the associate could lawfully engage in the practice of law to some extent in New York, treating that as a question of law outside its purview.
Background and rules framework
The opinion applied New York Code DR 2-102 (professional notices and letterheads that are not misleading) and DR 2-102(D) (permissible listings and disclaimers). The analysis corresponds to ABA Model Rules 7.1 (communications about services) and 7.5 (firm names and letterhead).
Citations and references
Rules of Professional Conduct:
- New York Code DR 2-102, DR 2-102(D) (applied in the opinion)
- MR 7.1 (communications about services); MR 7.5 (firm names and letterhead)
Other opinions cited:
- N.Y. City 884 (1974), modified by this opinion: foreign-admitted associate on letterhead
See also
- NYC Bar Formal Op. 1995-14: Listing Honorary Degrees in Advertising
- NYC Bar Formal Op. 1995-8: Affiliations and "Of Counsel" Designations
- ISBA Ethics Op. 749: Advertising a Degree and Field of Concentration
Source
- Landing page: https://www.nycbar.org/reports/formal-opinion-1995-3-advertising-letterhead-foreign-lawyers/
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