NUMBER 257 1927

Question. Is it ethical for a member of the Bar of the State of New York, residing in another jurisdiction, to hold himself out as “practicing” in that jurisdiction, when he is not admitted to its Bar and is not entitled to practice in its courts?


Answer. While the Committee does not assume to construe or express an opinion upon the law of the other jurisdiction, nevertheless, in its opinion the term “practicing” naturally intimates that the lawyer is practicing law in conformity with the law of the other jurisdiction, and if such is not the fact, the word is misleading and is calculated to deceive one not acquainted with the legal restrictions upon such practice there. Consequently, the term should not be used, without adequate explanation, in order to avoid such deceitful effect, unless the practitioner is duly admitted to practice in the other jurisdiction, with such professional privileges as the word normally imports.