Ethics Opinion 219

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION
Professional Ethics committee Opinions

Opinion #219 – 12/20/1971 (51-71)

Topic: Solicitation of work from counsel for a corporation whose stock is held by soliciting attorney
Digest: An attorney should not solicit employment
Code: DR 2-103 (A)(C)

QUESTION

May an attorney who owns stock in a corporation listed on a stock exchange write counsel for the corporation, advising that he is a stockholder and wishes to handle any legal work the corporation might have in his city or to become local counsel for the corporation?

OPINION

DR 2-10 3 (A) provides:”A lawyer shall not recommend employment, as a private practitioner, of himself, his partner, or associate to a non-lawyer who has not sought his advice regarding employment as a lawyer.”Except for a lawyer referral service, a lawyer shall not request others to recommend him as a lawyer. DR 2-103(C). The fact that the lawyer is a shareholder of the corporation is not an exception to the rule prohibiting solicitation and accordingly, said solicitation is improper.

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