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?
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