ETHICS OPINION 617-1973 LETTERHEAD: ASSOCIATE FOREIGN LAWYER; SPECIALTY

NUMBER 617

QUESTION

 

A foreign lawyer, admitted to practice in India, is employed in a New York law office, awaiting his admission to the Bar of the State of New York, His right to engage in gainful employment is not in question, and in fact he is presently admitted to practice before the Interstate Commerce Commission. He asks if

 

1. his name may appear as an associate on the stationery of the law firm which employs him, and, if it may, must the stationery indicate that he is a member of the Indian Bar only?

 

2. his name may be printed on the law firm’s stationery if it is made clear that he is solely an Interstate Commerce Commission practitioner?

 

ANSWER.

 

An associate, who is a member of the Bar of India only, may be listed on the firm’s letterhead provided there are added after his name the words “Member of the Bar of India only”, “Admitted to practice in India only”, or some similar designation. N.Y. County 589 (1971); DR 2-l02(A)(4); cf. DR 2-102(D).

 

It would, however, be professionally improper to refer on the letterhead of the firm to the inquirer’s admission to practice before the Interstate Commerce Commission. Since such practice does not require admission to the bar of any jurisdiction, it is in no way inconsistent to require that the firm’s letterhead designate the inquirer as admitted to the Bar of India only. Moreover, reference to the inquirer’s admission to practice before the Interstate Commerce Commission, regardless of the manner by which such reference might be qualified, would perforce constitute an impermissible claim to specialization or expertise, N.Y. County 589 (1971), cf. N.Y. County 374 (1946); DR 2-101(A), (D) and (E).

 

October 10, 1973.