ETHICS OPINION 358-1940

NUMBER 358 1940

Question, My law clerk has secured a license from the New York State Department of Labor, Workmen’s Compensation Commission, permitting him to represent compensation claimants before the Industrial Board and the Compensation Bureau and to be paid a fee for such service.

In my practice I also represent compensation claimants. Where necessary, my clerk has appeared at such hearing. He receives a salary as law clerk and does not share in fees awarded to me.

Is it proper for me to insert his name and a notation “Licensed Compensation Representative” on my stationery?

Answer, The Committee assumes that the Licensed Compensation Representative is a layman. On this hypothesis the course proposed would, in the opinion of the Committee, be improper, in that, first, the stationery would reasonably be construed as a representation that the lay associate is a member of the Bar; second, it lends itself to the solicitation of employment or the use of such stationery for advertising purposes by the layman. (See Opinion 54 of the Opinions of the Committee on Professional Ethics of the American Bar Association; Opinions 11 and 57 of the Opinions of the Committee on Professional Ethics of The Association of the Bar of the City of New York; Opinions 79 and 212 of this Committee.)