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ETHICS OPINION 589-1971 LETTERHEADS; ASSOCIATES ADMITTED TO PRACTICE IN OTHER JURISDICTIONS ONLY
NUMBER 589
QUESTION.
| LETTERHEADS; ASSOCIATES ADMITTED TO PRACTICE IN OTHER JURISDICTIONS ONLY | (LETTERHEAD MAY LIST ASSOCIATE
(LAWYERS NOT ADMITTED LOCALLY (IF ACCOMPANIED BY STATEMENT (THEY ARE ONLY ADMITTED TO PRAC (TICE IN THEIR RESPECTIVE (LOCALITIES. (DR 2-102 (D) |
Our firm is engaged in the practice of Patent Trademark Copyright law. We have heretofore carried on our 1etterhead only the names of the three partners, all members of the New York Bar, We have recently decided to add to the list of names on the upper left the names of our several associates. However, we have three associates whose status requires that we clarify the matter before proceeding.
- One of our associates is a member of the Bar of Indiana and not of New York. He is also a member of the Patent Office Bar, May we put his name on our letterhead if it is accompanied by an indication of the State, the bar of which he is a member?
- One of our associates is not a member of any Bar other than that of the Patent Office. May we put her name on our letterhead if we indicate that she is a Patent Agent?
- One of our associates is a former Judge of an Appellate Court in Japan. He is a member of the Japanese Bar, but not of the bar of any United States jurisdiction. May we put his name on our letterhead with an indication that he is a member of the Japanese Bar only?
ANSWER.
DR 2-102 (D) provides as follows:
“A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice, in all listed jurisdictions; however, the same firm name may he used in each jurisdiction.”
In our opinion, the condition with respect to the listing of associates would apply also to a partnership among lawyers all of whom are licensed in a single jurisdiction. Based upon the foregoing, we conclude that:
- The associate who is a member of the Bar of Indiana may be listed on the firm’s letterhead, provided there are added after his name the words “Member of the Indiana Bar only”, “Admitted to practice in Indiana only”, or some similar designation.
- This associate appears to be a Patent Agent only and not a member of the Bar. Her name should not be placed on the letterhead.
- The associate who is a member of the Bar of Japan may be listed on the firm’s letterhead, provided there are added after his name the words “Member of the Bar of Japan only”, “Admitted to practice in Japan only”, or some similar designation.
July 7, 1971.