Can a criminal defense lawyer get a private-investigator license to run his own case investigations?

Plain-English summary

A criminal defense lawyer asked whether he could obtain a private-investigator license to employ others, under his supervision, to conduct investigations for use in his own criminal practice. The committee found no Code prohibition against a practicing lawyer engaging in another occupation, provided he does not use it, directly or indirectly, to promote his law practice. DR 2-102(E) was the governing rule: a lawyer in a second profession or business may not so indicate on his letterhead, sign, or card, nor identify himself as a lawyer in connection with the other business.

Quoting N.Y. State 206 (1971), the committee explained that these limits protect the public and the profession against improper solicitation, advertising, and commercialization, and keep the second occupation from being used as a cloak for solicitation or as a feeder of legal work. It noted that the danger varies with the nature of the second occupation: where the work is closely intertwined with legal matters, the risk of an improper feeder is greater and every precaution must be taken to separate the two.

The committee treated private investigation as related to law practice, so the explicit and implicit restrictions of DR 2-102(E) applied. But because the lawyer intended to use the license only for investigations in his own criminal practice and not to offer investigative services to others, the committee saw little danger of improper conduct. It expressly limited the opinion to that situation, where the services are for the lawyer's own use and not made available to others.

Currency note

This opinion was issued in 1975, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 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 Treat this page as historical context, not current guidance.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: May a lawyer practice law and a second occupation at the same time?

A: Under this opinion, yes. The committee found no Code bar to a second occupation, provided the lawyer does not use it to promote his law practice and observes DR 2-102(E).

Q: What does DR 2-102(E) restrict?

A: Per the opinion, a lawyer engaged in both law and another business may not indicate the second business on his letterhead, sign, or card, nor identify himself as a lawyer in publications connected with that business.

Q: Why did the committee see little risk in this case?

A: Because the lawyer intended to use the private-investigator license only for investigations in his own criminal practice and not to offer the service to others, which the committee said removed the usual feeder and solicitation dangers.

Background and rules framework

The opinion applies Canon 2 and DR 2-102(E) of the then-current New York Code, drawing on N.Y. State 206 (1971)'s framework for dual practice. The closest current analogues are Rule 5.7 (responsibilities regarding law-related services) and Rule 7.5 (firm names and letterheads), though the Code's specific DR 2-102(E) limits do not map exactly onto the current Rules.

Citations and references

Rules of Professional Conduct:

• MR 5.7 (responsibilities regarding law-related services)
• MR 7.5 (firm names and letterheads)
• NY Canon 2; DR 2-102(E)

Other opinions cited:

• N.Y. State 206 (1971): comprehensive guidelines on dual practice of law and another occupation
• N.Y. County 594 (1971): lawyer organizing a traffic-consultant corporation
• ABA 328 (1971): dual practice of law and another business

See also

• NY State Bar Op. 423: A law firm may not merge with a collection agency
• NY State Bar Op. 421: Reviewing another lawyer's work for an accountant client
• NY State Bar Op. 413: A prosecutor's outside business with defense counsel

Source

• Landing page: https://nysba.org/opinion-406/