ETHICS OPINION 529-1964 ATTORNEYS

NUMBER 529

QUESTION

 

A and B are partners in the practice of law with offices in Manhattan and also maintain a local office in the home of B where the porch is occupied on a part-time basis.

 

B dies leaving surviving his wife who is the owner of the house where the local office was maintained.

 

A is continuing his private practice and also wants to continue the use of the partnership name, etc. A is taking care of the matters on hand and satisfactory arrangements have been made with the widow for the pending matters.

 

A would like to continue the local office, paying for the use of the same on the basis of a percentage of the net amount earned in this office. There would be no solicitation of business by the widow. She would merely act as a receptionist, etc.

 

Would the proposed arrangement with respect to the local office be proper?

 

ANSWER.

 

The proposed use of the local office, on the basis of a percentage of the net amount earned in that office is equivalent to sharing fees with a layman, a practice prohibited by Canon 34.

 

August 19, 1964