ETHICS OPINION 341-1937

NUMBER 341 1937

Question. ABC, a member of the New York Bar proposes to associate himself in the practice of law with XYZ, who is admitted to practice in the states of Nevada and Washington hut not in New York. ABC further proposes to solicit employment of XYZ from members in general of the New York Bar by sending them a notice as follows:

 

 

For the convenience of members of the New York Bar, XYZ, admitted to practice law in the states of Nevada and Washington, has opened an office in the City of New York in charge of ABC, with whom arrangements may be made for the conduct of legal matters in either of said jurisdictions.

Dated, New York __________ [Telephone number of ABC]

The foregoing notice is not intended to imply that XYZ is qualified to practice law in New York, or that ABC is qualified to practice law in either of the foreign jurisdictions. If necessary, both lawyers are willing to add to the notice an express disclaimer of such qualifications.

The plan contemplates that ABC is to be paid by XYZ for his services in arranging for the employment of the latter and in settling the terms of XYZ’s compensation.

Would it be professionally improper for ABC and XYZ to proceed as proposed: as partners; as associates?

 

Answer. The arrangement suggested is disapproved on the ground that it would be merely a method by which a New York lawyer would act as a paid solicitor to procure business for a foreign lawyer.