NYSBA Ethics Opinion 51

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION
Professional Ethics Committee Opinion

Opinion #51 – 02/24/1967 (1-67)

Modified by #200
Topic: Advertising, Telephone Directory
Digest: Lawyer may list name in community directory where he does not practice so long as he does not include designation ‘atty’ or ‘lwyr’
Canon: Former Canon 27

QUESTION

An attorney inquires whether it is proper to have his telephone listed in a community other than that in which he maintains an office, either in his own name without the legend “atty” or with the same.

OPINION

In our opinion it would be proper for an attorney to have his telephone listed in a community other than that in which he maintains an office, without the designation “atty” or “lwyr”.  However, it would be improper, under Canon 27 of the Canons of Professional Ethics prohibiting advertising, to list an attorney’s telephone either in a regular directory or a classified directory (yellow pages), with the designation “lwyr” or “atty”, in any place except where he maintains an office or where he resides. For example, the following listings, which appear frequently in the New York City directory, are proper:

John Jones lwyr 1 Bway
Res. 1 Fifth Ave.
Res. Princeton, N.J.
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