Can a lawyer admitted in New York and Florida, with an office only in Florida, state on the Florida letterhead that he is admitted to the New York Bar?
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This page answers the general question as of 2022. 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 inquirer is admitted in both New York and Florida, is closing his New York office, and is moving to Florida, where he will serve New York and Florida clients, providing all New York legal services remotely from Florida without appearing in New York courts. He wants his Florida letterhead to say he is "Admitted to the New York Bar."
The opinion first applies the choice-of-law rule, Rule 8.5(b). Conduct in connection with a court proceeding is governed by the rules of the jurisdiction where the court sits (Rule 8.5(b)(1)). For other conduct (Rule 8.5(b)(2)), a lawyer admitted in two jurisdictions is governed by the rules of the jurisdiction in which he "principally practices," unless particular conduct clearly has its predominant effect elsewhere. Because the committee lacked facts about where the inquirer's clients are located and what work he does in each state, it could not determine where he principally practices or where the predominant effect lies (citing N.Y. State 1027 (2014) and 1041 (2014)).
Assuming the New York rules apply, the opinion analyzes Rule 7.5(a) (letterhead must not violate the rules) together with three provisions. Under Rule 7.1(a), an advertisement may not be false, deceptive, or misleading, but it expressly permits listing "dates of admission to any bar"; the opinion reasons that whether or not the letterhead is an "advertisement" under Rule 1.0(a) (which turns on whether its primary purpose is retention, a fact it could not determine), Rule 7.1(a) permits stating bar admissions. Under Rule 7.5, the truthful statement does not violate any statute or court rule the committee is aware of. Under Rule 8.4(c) (dishonesty, fraud, deceit, misrepresentation), the statement is not dishonest so long as the inquirer remains admitted in New York. The opinion closes with two caveats outside its jurisdiction: New York Judiciary Law § 470's physical-office requirement for a nonresident representing New York clients (citing N.Y. State 1235 (2022)), and the application of Florida's own rules, on which it does not opine.
In practice
Under this opinion, a lawyer admitted in New York and Florida may put "Admitted to the New York Bar" on a Florida letterhead, because a truthful statement of bar admission is permitted by Rules 7.1(a) and 7.5(a) and is not dishonest under Rule 8.4(c) while the admission remains valid. Per the opinion, which jurisdiction's rules govern depends on a Rule 8.5(b) analysis the committee could not complete on these facts, and the lawyer must separately address Judiciary Law § 470 and Florida law, neither of which the committee interprets.
Common questions
Q: Can a lawyer list a New York Bar admission on an out-of-state letterhead?
A: Per the opinion, yes, where the statement is truthful; Rule 7.1(a) permits listing dates of admission to any bar, and Rule 8.4(c) is not violated so long as the lawyer remains admitted.
Q: Does it matter whether the letterhead counts as an "advertisement"?
A: Per the opinion, no; whether or not it is an advertisement under Rule 1.0(a), Rule 7.1(a) permits stating bar admissions.
Q: Which state's rules govern the letterhead?
A: Per the opinion, that turns on Rule 8.5(b), and the committee could not determine where the lawyer principally practices or where his conduct has its predominant effect on the facts given.
Q: Are there other requirements beyond the ethics rules?
A: Per the opinion, yes; it notes Judiciary Law § 470's physical-office requirement and the possible application of Florida's rules, both questions of law it does not decide.
Background and rules framework
The opinion interprets New York Rule 8.5(b) (choice of law), Rule 7.1(a) (advertising; permitted content including dates of admission), Rule 7.5(a) (letterhead), Rule 8.4(c) (dishonesty and misrepresentation), and the definition of "advertisement" in Rule 1.0(a). These correspond to ABA Model Rules 8.5, 7.1, 7.5/7.1, and 8.4.
Citations and references
Rules of Professional Conduct:
- New York Rules of Professional Conduct 1.0(a), 7.1(a), 7.5(a), 7.5 Cmt. [6], 8.4(c), 8.5(b)
- ABA Model Rules 7.1, 7.5, 8.4, 8.5 (analogues)
Statutes:
- New York Judiciary Law § 470 (physical-office requirement; noted, not interpreted)
Other opinions cited:
- N.Y. State 1027 (2014) and 1041 (2014): determining where a multijurisdictional lawyer principally practices
- N.Y. State 964 (2013): when letterhead is or is not advertising; N.Y. State 1235 (2022): § 470 and remote New York practice
See also
- ABA Formal Op. 495: Lawyers Working Remotely
- ABA Formal Op. 498: Virtual Practice
- NY State Bar Op. 1246: Partnering With a Foreign Lawyer
Source
- Landing page: https://nysba.org/ethics-opinion-1241/
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