Can a law firm list a part-time branch office on its letterhead?

Plain-English summary

The committee considered a law firm that planned to lease a small office in a distant community where it had a number of clients, sending a lawyer and supporting personnel there for several days each month. The question was whether the firm could list the new office on its letterhead.

The committee began from DR 2-102(A)(4), which governs a lawyer's stationery and incorporates the general advertising standards of DR 2-101: any information relevant to selecting counsel may be used so long as it is not false, deceptive, or misleading. The key issue was whether the firm must disclose any limitation on the branch office's hours, given that the office would be open less than every business day. It would be deceptive to list a mere "mail drop" as a branch office without a notice describing its limited status, citing N.Y. City 80-55 (1980) (listing an office represents that services will be furnished there in a substantial way).

The committee found that the office at issue was not simply a mail drop, since it would be staffed several days each month by personnel capable of rendering substantial legal services. Even so, it concluded that a firm listing an office on its letterhead must do more than staff it from time to time unless that limitation is made clear. The listing carries an implied representation that the firm has arranged to respond promptly to inquiries to that office, to provide legal services there as the need arises, and to hold meetings there. If the firm has not made such arrangements, it cannot list the branch office without an appropriate disclaimer indicating the limited hours of operation. Subject to those qualifications, 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 (letterhead and firm-name standards now appear at Rule 7.5, and the bar on false or misleading communications at Rule 7.1). New York's advertising rules have changed since this opinion. 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 Treat this page as historical context, not current guidance.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 firm put a part-time office on its letterhead?

A: Yes, the committee held it may, provided the office actually renders substantial services or the listing carries a disclaimer noting its limited hours.

Q: What does listing an office on letterhead represent to the public?

A: The opinion read the listing as an implied representation that the firm will respond promptly to inquiries to that office, provide legal services there as needed, and hold meetings there.

Q: What about listing a mail drop as an office?

A: The committee said listing a mere mail drop without a notice describing its limited status would be deceptive and misleading under DR 2-101(A).

Background and rules framework

The opinion applied DR 2-102(A)(4) (lawyer stationery) together with DR 2-101(A) and (D) (the bar on false, deceptive, or misleading advertising and the allowance for information relevant to selecting counsel) to a part-time branch office listing. The closest current Model Rule analogues are Rule 7.5 (firm names and letterheads) and Rule 7.1 (communications concerning a lawyer's services).

Citations and references

Rules of Professional Conduct:

• MR 7.5 (firm names and letterheads)
• MR 7.1 (communications concerning a lawyer's services)
• NY DR 2-102(A)(4), DR 2-101(A), DR 2-101(D)

Other opinions cited:

• N.Y. City 80-55 (1980): listing an office represents services will be furnished there in a substantial way

See also

• NY State Bar Op. 556: Dual practice advertising and title insurance
• NY State Bar Op. 559: Advertising in a law school alumni directory

Source

• Landing page: https://nysba.org/opinion-546/