ETHICS OPINION 507-1962 PARTNERSHIP

NUMBER 507

QUESTION.

PARTNERSHIP

(PROPRIETY OF A NEW YORK LAW

(PARTNERSHIP HAVING AN OFFICE

(OR PARTNER IN SWITZERLAND.

(CONDITIONS STATED.

 

Two New York attorneys intend to form a partnership with offices in New York County. One of the partners will reside in Switzerland, it being the intention of the proposed partnership that such partner will open, in Switzerland, a partnership office for the purpose of representing American clients of the firm and giving advice and counsel to the partnership’s clients with respect to American legal problems. Such partner is not a member of the Swiss Bar and will not give advice or represent clients with respect to Swiss law.

 

1. Is there any objection to indicating on the partnership stationery that it has an office or a partner in Switzerland?

 

2. May the New York legal partnership enter into an association with a Swiss lawyer under which the Swiss lawyer would assist in matters involving Swiss law; the Swiss lawyer being based in Switzerland, taking part only in matters involving Swiss law and obtaining his remuneration solely by way of a participation in the fees received for work done which involves Swiss law?

 

ANSWER.

 

There is nothing improper in the firm’s indicating on the partnership stationery that it has an office or a partner in Switzerland. If, however, the stationery contains the name of a lawyer who is not a member of the New York Bar, some indication should be made by parenthetical statement or otherwise to the effect that such lawyer is not a member of the New York Bar; for example, his name might appear as “John Jones (Member of the Swiss Bar only).”

 

The proposed association with a Swiss lawyer is not objectionable.

 

Dated; November 2, 1962.