NYSBA Ethics Opinion 15

NYSBA Ethics Opinion 15

10.25.1965

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION

Professional Ethics Committee Opinion

Opinion #15 – 10/25/1965 (6-65)

Topic: Appearance of Partnership
Digest: Improper for several attorneys who share a suite of offices to use a firm name and hold themselves out to the public as a partnership when they are not partners
Canon: None

QUESTION

May several attorneys who share a suite of offices use a firm name and hold themselves out to the public as a partnership when they are not in fact partners?

OPINION

The proposed arrangement would be improper. Canon 33 forbids lawyers to use false, misleading, assumed or trade names. The proposed partnership name would fall under this ban since it falsely suggests the existence of a partnership when there is none and in addition the name would be an assumed or trade name. See Opinion No, 607 of the Committee on Professional Ethics of The Association of the Bar of the City of New York.