Ethics Opinion 216

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION
Professional Ethics Committee Opinions

Opinion #216 – 12/20/1971 (50-71)

Topic: Newspaper Advertisements Seeking Funds for Clients
Digest: An attorney may not advertise his name for money to be invested by clients
Code: DR 2-101(B); Canon 1, 9

QUESTION

May an attorney place an advertisement in a newspaper for venture capital for clients requesting that inquiries be directed to the attorney identifying the attorney individually or as an attorney?

OPINION

An attorney may not advertise his name for money to be invested by his clients. N.Y. City 414 (1937).  Any business thus secured would necessarily inure to the lawyer’s benefit. There is no reason why the lawyer should do the advertising. It is not a lawyer’s function to promote a client’s business.A lawyer shall not publicize himself nor shall he authorize others to do so on his behalf. DR 2-101(B) See, N.Y. State 201 (1971); N.Y. State 213 (1971) A lawyer should assist in maintaining the integrity and competence of the legal profession. Canon 1. A lawyer should avoid even the appearance of professional impropriety. Canon 9.

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