Ezel / Ethics Opinions / NYSBA
NYSBA 2011-11-15

Can a New York lawyer's website include links to banks, real estate companies, or other businesses?

Short answer: Yes. A lawyer may include informational links to other businesses' websites as long as neither the link nor the linked content creates confusion or misrepresentation; reciprocal links require more care, and a link that is part of a cooperative business arrangement must satisfy Rule 5.8.
Currency note: this opinion is from 2011
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked at the bottom of this page) is the authoritative source for any reliance.

NY State Bar Ethics Opinion 888: Website Links to Other Businesses

Short answer: A lawyer may include links to other businesses, such as banks and real estate companies, on the law firm's website, provided neither the link nor the linked material involves misrepresentation or creates confusion.

Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the New York State Bar Association's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.

About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. We do not reproduce the opinion text on this page; follow the linked source for the official text, which controls.

View original opinion

Plain-English summary

A lawyer setting up a law firm website asked whether the site could include links to other businesses' websites, particularly banks and real estate companies. The committee concluded that whether a link is permissible depends on the purpose of the link, the nature of the linked site, and the relationship between the lawyer and the owner of that site (paragraphs 2 through 3).

Informational links to third-party sites are not ethically barred so long as the lawyer ensures that neither the link nor the linked material creates confusion or misrepresentation. The committee gave the example of a link to an official government site that created a false impression of a government connection, which would violate Rule 8.4(c); the same concern applies to links to private sites likely to cause confusion. In some circumstances an appropriate disclaimer would be necessary. No agreement with, or even awareness by, the linked site's owner is required for a one-way informational link (paragraphs 4 through 5).

Reciprocal links require greater care, but no categorical bar prohibits them. A simple reciprocal link that generates no revenue for the firm and involves no financial relationship between the entities is permitted under conditions similar to an informational link. Reciprocal links that constitute advertising must comply with Rule 7.1, including the bar on false, deceptive, or misleading claims, and the home pages may need the "Attorney Advertising" label under Rule 7.1(f) (paragraphs 6 through 7).

If the link is part of a cooperative business arrangement between the lawyer and a non-legal professional, the lawyer must comply with Rule 5.8(a). That rule limits such arrangements to non-legal professions on a list maintained by the Appellate Divisions (public accountancy, land surveying, social work, architecture, and professional engineering); realtors and bankers are not on the list. A permitted reciprocal exclusive referral agreement may include joint advertising and shared office space but may not include sharing legal fees (paragraph 8).

In practice

The opinion holds that, under the New York rules as they stood at the time, a law firm website may carry informational links to other businesses, including banks and real estate companies, so long as neither the linkage nor the linked content misrepresents or creates confusion, with a disclaimer where needed. The committee distinguished three situations: plain informational links (permitted on those conditions), reciprocal links (permitted if they generate no revenue and no financial relationship, and otherwise treated as advertising subject to Rule 7.1 and the Rule 7.1(f) label), and links that are part of a cooperative business arrangement (governed by Rule 5.8(a), which does not list banks or realtors as eligible professions).

Common questions

Q: Can my law firm website link to a bank or a real estate company?

A: Yes, as an informational link, provided the link and the linked material do not create confusion or misrepresentation; a disclaimer may be needed in some circumstances (paragraphs 5, 9).

Q: Do I need the other site's permission to link to it?

A: No. The committee stated that a one-way informational link can be made with or without the consent of, or even awareness by, the linked site's owner (paragraph 4).

Q: Are reciprocal "link to each other" arrangements allowed?

A: There is no categorical bar. A simple reciprocal link with no revenue to the firm and no financial relationship between the entities is permitted on conditions similar to an informational link; if it constitutes advertising it must comply with Rule 7.1 and may need the "Attorney Advertising" label (paragraphs 6 through 7).

Q: What if the link is tied to a business arrangement with the other company?

A: If it is part of a cooperative business arrangement, Rule 5.8(a) applies, and that rule permits such arrangements only with listed non-legal professions, which do not include banks or realtors, and never includes sharing legal fees (paragraph 8).

Background and rules framework

The opinion interprets New York Rule 7.1 (lawyer advertising, including the Rule 7.1(f) "Attorney Advertising" labeling requirement) and Rule 8.4(c) (conduct involving misrepresentation), corresponding to ABA Model Rules 7.1 and 8.4. It also applies New York Rule 5.8(a), a New York-specific provision governing cooperative business arrangements between lawyers and non-legal professionals, which has no direct Model Rule analogue and keys off the eligible-profession list in 22 NYCRR 1205.3 and 1205.5.

Citations and references

Rules of Professional Conduct:

  • MR 7.1 / NY Rule 7.1, 7.1(f): advertising standards and the "Attorney Advertising" label
  • MR 8.4 / NY Rule 8.4(c): conduct involving misrepresentation
  • NY Rule 5.8(a): cooperative business arrangements with non-legal professionals (no Model Rule analogue)

Regulations:

  • 22 NYCRR 1205.2, 1205.3, 1205.5: definition of a cooperative business arrangement and the list of eligible non-legal professions

See also

Source