ETHICS OPINION 594-1971 OUTSIDE BUSINESS

NUMBER 594

QUESTION.

 

A lawyer proposes to join with a layman in organizing a corporation which will render services as a traffic consultant to trucking companies. The lawyer and the layman will render personal services on behalf of the corporation in appearing before state and federal regulatory agencies in connection with establishment of freight rates and schedules and the issuance and transfer of certificates and permits. It is not necessary to be a lawyer to appear before such agencies and the services rendered will not constitute the practice of law. The lawyer will continue his law practice separately. The lawyer asks whether the proposed activity would violate the Code of Professional Responsibility.

 

ANSWER.

A lawyer is not precluded from engaging in any other legitimate business or profession while continuing to practice law. However, he may not, in connection with the other business or profession, in his letterhead, office sign, professional card, publication, or otherwise, represent that he is a lawyer, nor may he in connection with his law practice indicate that he is engaged in the other business or profession. DR 2-102 (E). Also, the other business or profession must not be used as a feeder for his law practice or as a device for solicitation of legal work, directly or indirectly.

 

Accordingly, it would not be improper for the lawyer to serve the proposed corporation as a transportation consultant provided he exercises great care in separating the business of the corporation from his legal practice, and conducts the corporation’s affairs at all times in such manner as not to relate them to him as a lawyer.

 

November 4, 1971