Can a New York lawyer use a virtual law office address as the principal office address on advertising, business cards, letterhead, and the firm website?

Plain-English summary

The opinion addresses how a lawyer using a virtual law office (VLO) may identify that office in attorney advertising and on business cards, letterhead, and websites. A VLO is a physical address (often a shared or on-demand workspace) that the lawyer uses without maintaining a traditional full-time staffed office there.

The opinion concludes that a New York lawyer may use the street address of a New York VLO as the lawyer's "principal law office address" for purposes of Rule 7.1(h), provided the VLO qualifies as an office for the transaction of law business under New York's Judiciary Law. It further concludes the lawyer may use the VLO address as the office address on business cards, letterhead, and the firm website.

The opinion conditions that conclusion on continued compliance with the other applicable rules. A lawyer using a VLO must still satisfy Rule 1.4 (communication), Rule 1.6 (confidentiality, given shared-space concerns), Rules 5.1 and 5.3 (supervision of lawyers and nonlawyers), and Rule 8.4(a) and (c) (avoiding misconduct and misrepresentation, including not creating a false impression about the nature of the office).

In practice

Under this opinion, as the New York rules stood at the time, a lawyer practicing from a VLO may hold out the VLO's New York street address as the principal office on advertising and stationery so long as the space qualifies as a law office under the Judiciary Law. The opinion frames confidentiality in shared space (Rule 1.6) and accurate representation of the office (Rule 8.4(c)) as the continuing obligations that accompany the permission.

Common questions

Q: Can I list my virtual office address as my principal law office on ads and letterhead?

A: Yes, with a condition. The opinion concludes a New York lawyer may use a New York VLO street address as the principal law office address under Rule 7.1(h) and on business cards, letterhead, and the website, provided the VLO qualifies as an office for transacting law business under the Judiciary Law.

Q: What other rules do I have to watch when using a VLO?

A: The opinion requires continued compliance with Rule 1.4 (communication), Rule 1.6 (confidentiality in shared space), Rules 5.1 and 5.3 (supervision), and Rule 8.4(a) and (c) (no misconduct or misrepresentation).

Q: Can I use a VLO address in a state where I do not maintain a real office?

A: The opinion's permission is tied to a New York VLO that qualifies as a law office under New York's Judiciary Law; it conditions use of the address on that qualifying status.

Background and rules framework

The opinion interprets New York Rules of Professional Conduct, several of which are more detailed than their Model Rule analogues: Rule 7.1(h) (principal law office address in advertising), Rule 7.5(a)(1) and (a)(4) (firm names and letterhead), Rule 1.4 (communication), Rule 1.6 (confidentiality), Rules 5.1 and 5.3 (supervision), and Rule 8.4(a) and (c) (misconduct; misrepresentation). The opinion also relies on New York's Judiciary Law definition of an office for the transaction of law business.

Citations and references

Rules of Professional Conduct:

• NY RPC 7.1(h) (principal law office address)
• NY RPC 7.5(a)(1), (a)(4) (firm names and letterhead)
• MR / NY RPC 1.4 (communication)
• MR / NY RPC 1.6 (confidentiality)
• MR / NY RPC 5.1, 5.3 (supervision)
• MR / NY RPC 8.4(a), (c) (misconduct; misrepresentation)

Statutes:

• N.Y. Judiciary Law (office for the transaction of law business)

See also

• NYC Bar Ethics Op. 2015-7: Attorney advertising rules and LinkedIn
• NYC Bar Ethics Op. 2020-2: Retargeting in online marketing

Source

• Landing page: https://www.nycbar.org/reports/formal-opinion-2019-2-use-of-a-virtual-law-office-by-new-york-attorneys/