Can a lawyer admitted in New York but practicing only at an out-of-state firm with no New York office list the New York admission on the firm's letterhead?

Plain-English summary

The inquirer is admitted in New York and in an adjacent state and is affiliated solely with a law firm that has offices only in that adjacent state, with none in New York. The lawyer asked whether the New York admission may be listed on letterhead even without a New York law office.

The opinion answers yes, with one caveat. Lawyers may advertise their services so long as the advertising is not false, deceptive, or misleading (Rule 7.1(a)(1)), and Rule 7.1(b)(1) specifically permits including a lawyer's bar admissions. Drawing on N.Y. State 637 (1992), the committee reiterates that there is nothing inherently false or misleading in truthfully identifying the jurisdictions where a lawyer is licensed. Rule 7.5(a) likewise permits letterhead and similar professional notices that comply with Rule 7.1. A letterhead accurately stating that the lawyer is a member of the bars of the other state and New York is therefore not misleading.

The caveat is disclosure: a lawyer who lists a New York admission but has no New York office must explain to prospective and existing clients the limits that the lack of an office imposes on practicing in New York. The committee points to Judiciary Law section 470, which requires a lawyer who practices in New York to maintain a physical office in the state, and to Schoenefeld v. Schneiderman, 821 F.3d 273 (2d Cir. 2016), which held that requirement constitutional. The opinion expressly does not address the inquirer's conduct under the rules of the other jurisdiction.

In practice

Under this opinion, a lawyer admitted in New York and another state, practicing at an out-of-state firm with no New York office, may truthfully list the New York admission on the firm's letterhead and other advertising. The opinion conditions that on disclosing to clients the practical limits the missing New York office creates, given the Judiciary Law section 470 office requirement. Because the opinion predates New York's June 24, 2020 amendments to the Rule 7 advertising provisions, verify the current text of Rules 7.1 and 7.5 before relying on the specific rule numbering; the holding rests on the truthful-advertising principle, which the amendment retained.

Common questions

Q: Can a lawyer list a New York admission on letterhead without a New York office?

A: Per the opinion, yes. Rule 7.1(b)(1) permits listing bar admissions, and truthfully naming the jurisdictions where a lawyer is licensed is not false or misleading.

Q: What is the required caveat?

A: Per the opinion, the lawyer must explain to prospective and existing clients the limits the absence of a New York office places on practicing in New York, given Judiciary Law section 470's office requirement.

Q: Does Judiciary Law section 470 stop the lawyer from listing the admission?

A: Per the opinion, no. The lawyer may list the admission; section 470 (upheld in Schoenefeld v. Schneiderman) governs the separate question of actually practicing in New York, which requires a physical office in the state.

Background and rules framework

The opinion applies New York Rule 7.1(a)(1) (advertising may not be false, deceptive, or misleading), Rule 7.1(b)(1) (a lawyer may include bar admissions in advertising), and Rule 7.5(a) (letterhead and similar notices must comply with Rule 7.1). These correspond to ABA Model Rules 7.1 and 7.5. The opinion also discusses Judiciary Law section 470's office requirement as the source of the practical limits the lawyer must disclose. New York amended its Rule 7 provisions effective June 24, 2020, after this opinion issued.

Citations and references

Rules of Professional Conduct:

• New York Rules of Professional Conduct 7.1(a)(1); 7.1(b)(1); 7.5(a)
• ABA Model Rules 7.1, 7.5 (analogues)

Statutes:

• New York Judiciary Law section 470 (lawyer practicing in New York must maintain a physical office in the state)

Cases:

• Schoenefeld v. Schneiderman, 821 F.3d 273 (2d Cir. 2016): upholding the constitutionality of Judiciary Law section 470's office requirement

Other opinions cited:

• N.Y. State 637 (1992): a lawyer admitted in another state may truthfully indicate that admission on letterhead or card

See also

• NY State Bar Op. 1179: New York Trade-Name Bar for an Out-of-State Firm Branch
• NY State Bar Op. 1180: Outside Counsel Using a Client's Email, Logo, and Title

Source

• Landing page: https://nysba.org/ethics-opinion-1173/