Can a New York lawyer put a photo on a business card and list recommended plumbers, realtors, or accountants on it?
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This page answers the general question as of 2012. 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 committee was asked whether a lawyer's business card may carry the lawyer's photograph, and whether the lawyer may list on the back of the card or a separate sheet other service providers, such as a plumber, realtor, mortgage loan officer, or accountant, useful to clients in a real estate transaction and recommended from the lawyer's own past experience.
On the photograph, the opinion notes that Rule 7.5(a)(i) gives a non-exclusive list of what a card may contain (name, identification as a lawyer, address, telephone numbers, firm name, Rule 7.4 practice-area information, and names of members and associates) and concludes that nothing in the Rules prohibits a photograph or headshot. The opinion adds one limit drawn from Rule 7.1(c)(3): a lawyer may not use an actor to portray a lawyer in the photograph without disclosing that fact, and the card may contain nothing false, misleading, or deceptive under Rules 7.5(a) and 7.1(a).
On listing other providers, the opinion reads Rules 5.4 and 7.2 as contemplating that lawyers may refer clients to other providers and receive referrals, while requiring the lawyer to keep professional independence so the client receives the lawyer's best judgment free of undue influence. The opinion states that exclusive reciprocal referral arrangements are prohibited (Rule 7.2, Comment [4]) and that the lawyer must not have such an interest in a steady stream of referrals that it undermines professional judgment. Nonexclusive arrangements are permitted if the client is informed, so the listed referrals should carry a disclaimer that the lawyer has no agreement with the listed providers; the opinion offers a sample disclaimer noting the providers are not affiliated with the law office and may not be appropriate in every matter. The committee expressly declined to opine on the constitutionality of the advertising rules.
In practice
Under this opinion, and under the New York rules as they stood at the time, a lawyer's business card may carry the lawyer's own photograph, and a card or attached sheet may recommend other professionals. The opinion conditions the recommendation list on a disclaimer disclaiming any affiliation or referral agreement, on the arrangement being nonexclusive, and on the lawyer not letting a referral stream compromise independent judgment. A photograph that uses an actor to depict a lawyer must disclose that.
Common questions
Q: Can a New York lawyer put a photo on a business card?
A: Yes. The opinion concludes that nothing in the Rules prohibits a lawyer's photograph or headshot on a business card.
Q: Can the lawyer list a plumber, realtor, or accountant the lawyer recommends?
A: Yes, with a disclaimer. The opinion permits listing recommended providers on the card or a separate sheet provided the list states the lawyer has no agreement with them; the opinion supplies a sample disclaimer.
Q: Are reciprocal referral arrangements with those providers allowed?
A: Exclusive reciprocal referral arrangements are prohibited under Rule 7.2, Comment [4]. Nonexclusive arrangements are permitted if the client is informed and the referral interest does not undermine the lawyer's professional judgment.
Q: Can the photo show an actor instead of the lawyer?
A: Only with disclosure. The opinion states, under Rule 7.1(c)(3), that a lawyer may not use an actor to portray a lawyer without disclosing that fact.
Background and rules framework
The opinion applies Rule 7.5(a)(i) (Model Rule 7.5), listing permissible business-card content, together with Rule 7.1 (Model Rule 7.1) on truthful, non-misleading communications, including the Rule 7.1(c)(3) disclosure requirement for a depicted actor. The referral analysis rests on Rule 7.2 (Model Rule 7.2) and its Comment [4], and on Rule 5.4 (Model Rule 5.4) on professional independence.
Citations and references
Rules of Professional Conduct:
- MR 7.5 / NY 7.5(a)(i) (business-card content)
- MR 7.1 / NY 7.1(a), 7.1(c)(3) (truthful communications; disclosure of an actor)
- MR 7.2 / NY 7.2 and Comment [4] (referrals; reciprocal-referral limits)
- MR 5.4 / NY 5.4 (professional independence)
Other opinions cited:
- N.Y. State 765 (2003): a lawyer's interest in a referral stream must not undermine professional judgment
See also
- NY State Bar Op. 942: Referrals and undisclosed fees from a non-lawyer firm
- NY State Bar Op. 936: Designating a departing partner as "Special Counsel" on letterhead
- NY State Bar Op. 979: Lawyer-mediator group advertising and referrals
Source
- Landing page: https://nysba.org/ethics-opinion-932/
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