Can a lawyer admitted only in another state use 'Esq.' in New York and call themselves a lawyer when doing pro bono immigration work here?
NY State Bar Ethics Opinion 1147: Using "Esq." when not admitted in New York
Short answer: A lawyer admitted only in another state may use "Esq." on a business card for a non-legal New York job as long as the card does not suggest the person is qualified to practice law in New York, and may describe themselves as a lawyer in pro bono immigration work if letterhead and cards disclose the jurisdictional and subject-matter limits.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the New York Rules of Professional Conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. We do not reproduce the opinion text on this page; follow the linked source for the official text, which controls.
Plain-English summary
The inquirer is admitted in California, not New York, lives in New York, and works for a New York municipal agency in a role that does not involve practicing law (the agency has its own New York counsel). The inquirer wants to use "Esq." on business cards for the municipal job. The inquirer also volunteers as an immigration lawyer for a nonprofit, appearing before the federal immigration court and telling those clients of the California-only admission.
On the "Esq." question, the committee follows N.Y. State 1089 (2016) and N.Y. City 1994-5: "Esq." is not a degree or license but a convention identifying the user as a lawyer, so using it is accurate for someone who is a lawyer. The issue is whether the use is misleading under Rule 8.4(c). Context controls. A card showing only a New York address and "Esq." could lead the public to think the holder may practice law in New York, while a card whose stated position is plainly a non-legal role conveys that the person is a lawyer but not acting as one. So the inquirer may use "Esq." on the municipal-job card as long as the card does not suggest the inquirer performs or is qualified to perform legal services in New York and takes care not to mislead the audience.
On the immigration work, the committee notes (as a matter outside its legal jurisdiction) its understanding that federal law lets a lawyer in good standing in any state practice before federal immigration tribunals (N.Y. State 863). Applying the Rules, it follows N.Y. State 863 on the required disclosures: letterhead and business cards must state that the lawyer is admitted only in the state of admission and that the lawyer's New York practice is limited solely to immigration matters, and prudence suggests adding "not licensed in New York State" to avoid confusion. The jurisdictional and subject-matter limits need not appear in an email signature block, but no email or other communication may state or imply New York admission, which would violate Rule 8.4(c).
In practice
Under this opinion, a lawyer admitted only outside New York may use "Esq." in New York provided the surrounding context does not imply New York practice. On a non-legal-job business card, the committee permits "Esq." as long as the card does not suggest the person performs or is qualified to perform legal services in New York. For pro bono immigration work before a federal tribunal, the committee holds the lawyer may be described as a lawyer, but letterhead and business cards must disclose admission only in the state of admission and that any New York practice is limited to immigration matters, with "not licensed in New York State" advisable; nothing may state or imply New York admission. (Rule 7.5(a) was reworked in New York's June 24, 2020 advertising amendments; verify the current rule, though the holding turns on the general bar against misleading the public, which the amended rules retain.)
Common questions
Q: Can a lawyer admitted only in another state put "Esq." on a New York business card?
A: Yes, if the card is for a non-legal role and does not suggest the person performs or is qualified to perform legal services in New York; the test is whether the use is misleading under Rule 8.4(c) (Opinion 1147 ¶¶ 5-6, 10).
Q: Can an out-of-state lawyer doing pro bono immigration work in New York call themselves a lawyer?
A: Yes, with disclosure. Letterhead and business cards must state admission only in the state of admission and that any New York practice is limited to immigration matters, and should add that the lawyer is not licensed in New York (¶¶ 8, 10).
Q: Do the disclosures have to appear in every email?
A: No. The committee says the jurisdictional and subject-matter limits need not be in an email signature block, but nothing in any communication may state or imply New York admission (¶ 9).
Background and rules framework
The opinion applies Rule 8.4(c) (Model Rule 8.4) on conduct involving misrepresentation as the controlling test for whether using "Esq." or describing oneself as a lawyer is misleading, together with Rule 7.5(a) (firm names and letterhead) and Rule 5.5 (Model Rule 5.5) on multijurisdictional practice. It builds on N.Y. State 1089 (2016) and N.Y. State 863 (2011). New York reworked its advertising rules, including Rule 7.5, effective June 24, 2020.
Citations and references
Rules of Professional Conduct:
- New York Rule 8.4(c) (Model Rule 8.4): conduct involving misrepresentation
- New York Rule 7.5(a), (d): letterhead and identification of jurisdictional limits
- New York Rule 5.5 (Model Rule 5.5): multijurisdictional practice
Other opinions cited:
- N.Y. State 1089 (2016): a retired lawyer's use of "Esq."
- N.Y. State 863 (2011): disclosures required of an out-of-state lawyer practicing immigration law in New York
- N.Y. City 1994-5: "Esq." identifies the user as a lawyer by convention
See also
- NY State Bar Op. 1173: Listing N.Y. admission on out-of-state letterhead
- NY State Bar Op. 1241: Out-of-state office and New York bar letterhead
- NY State Bar Op. 1264: Listing of degrees by an attorney working in a non-legal capacity
Source
- Landing page: https://nysba.org/ethics-opinion-1147/