Can a British law firm open a New York office run by one of its members who is admitted to the New York bar?

Plain-English summary

The committee considered a British firm of solicitors that proposed to have one of its members seek admission to the New York bar and then open a New York office, under the British firm's name, that he would manage as resident partner. Assuming without deciding that the arrangement conformed to New York's substantive law (citing Judiciary Law section 478), the committee addressed only the ethics questions.

The committee acknowledged that DR 3-103(A) prohibits forming a law partnership with a "non-lawyer." But reading "non-lawyer" to mean anyone not admitted in New York would make multi-state firms impossible, even though DR 2-102(D) implicitly approves partnerships among lawyers licensed in different jurisdictions, and such firms existed under the Former Canons. The committee therefore concluded that "non-lawyer" in DR 3-103(A) means more than not being admitted in New York; anyone admitted to practice in any United States jurisdiction is not a non-lawyer, citing N.Y. State 175 (1970) and N.Y. State 144 (1970).

Extending that reasoning, the committee noted that New York lawyers had long entered partnerships with solicitors admitted only in the United Kingdom, given the general similarity of educational requirements and the compatibility of professional standards. It concluded that if an American firm may include British partners practicing in the United Kingdom, the ethics of the profession do not prevent a British firm with American partners practicing in the United States from opening a New York office. As to the firm's name and letterhead, the same standards that apply to American multi-state firms govern (N.Y. State 434 (1976); EC 3-9). The question was answered in the affirmative.

Currency note

This opinion was issued in 1982, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 (professional independence and the bar on partnering with non-lawyers now appear at Rule 5.4, multijurisdictional practice and unauthorized practice at Rule 5.5, and firm names and letterheads at Rule 7.5). 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 Treat this page as historical context, not current guidance.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: Can a foreign law firm open an office in New York?

A: Yes, on the stated facts. The committee held a British firm may open a New York office managed by a member admitted to the New York bar.

Q: Is a British solicitor a "non-lawyer" for the partnership rule?

A: No. The committee concluded that a lawyer admitted in another jurisdiction, including the United Kingdom, is not a "non-lawyer" under DR 3-103(A), so the partnership is permitted.

Q: What name and letterhead may the New York office use?

A: The committee applied the same standards that govern American multi-state firms, citing N.Y. State 434 (1976) and EC 3-9.

Background and rules framework

The opinion applied DR 3-103(A) (barring law partnerships with a non-lawyer) and DR 2-102(D) (partnerships among lawyers licensed in different jurisdictions), under Canon 3 and EC 3-9, to a foreign firm opening a local office. The closest current Model Rule analogues are Rule 5.4 (professional independence of a lawyer), Rule 5.5 (unauthorized and multijurisdictional practice), and Rule 7.5 (firm names and letterheads).

Citations and references

Rules of Professional Conduct:

• MR 5.4 (professional independence; partnering with non-lawyers)
• MR 5.5 (unauthorized and multijurisdictional practice)
• MR 7.5 (firm names and letterheads)
• NY DR 3-103(A), DR 2-102(D), Canon 3, EC 3-9

Statutes:

• N.Y. Judiciary Law section 478 (practicing or appearing as attorney without admission)

Other opinions cited:

• N.Y. State 175 (1970); N.Y. State 144 (1970): a lawyer admitted in another jurisdiction is not a non-lawyer
• N.Y. State 434 (1976): firm name and letterhead standards for multi-state firms

See also

• NY State Bar Op. 538: Letterhead listing a correspondent firm
• NY State Bar Op. 546: Listing a branch office on letterhead

Source

• Landing page: https://nysba.org/opinion-542/