Ethics Opinion 271
Inactive Members: Business Cards and Letterhead
A lawyer who is licensed to practice in three jurisdictions, including the District of Columbia, and who plans to become an 不活跃的 D的成员.C. 酒吧 cannot indicate that he is admitted to the D.C. 酒吧 on his letterhead and business cards without further elaboration. To avoid misleading the public about his present ability to practice law in the District of Columbia, the lawyer must note his 不活跃的 status once it becomes effective.
Applicable 规则
- 规则7.1 (Communications Concerning a Lawyer’s Services)
- 规则7.5 (Firm Names and Letterheads)
调查
A lawyer is currently an active member of the New Jersey, Pennsylvania 和District of Columbia bars. The lawyer is considering becoming an 不活跃的 D的成员istrict of Columbia 酒吧 in order to be exempt from the annual District of Columbia Professional License Fee. The lawyer has never had the occasion to practice law in the District of Columbia since becoming a D的成员.C. 酒吧.
The lawyer inquires whether he can state “Admitted to N.J., P.A. 和D.C. bars” on his business cards, business announcements, and 信纸的信头 after he becomes an 不活跃的 D的成员.C. 酒吧.
讨论
This inquiry poses the question whether the D.C. 规则 of Professional Conduct permit an 不活跃的 D的成员.C. 酒吧 to indicate “Admitted to N.J., P.A. 和D.C. bars” on his business cards and letterhead without any further explanation. The Committee concludes that it would be misleading if the lawyer does not indicate his 不活跃的 status on his business cards and letterhead. This omission would violate 规则 7.1和7.5.
规则7.5 prohibits lawyers from using firm names, 信纸的信头, or other professional designations that violate 规则7.1. 规则7.1, 反过来, prevents a lawyer from making a false or misleading communication about the lawyer or his services. A communication that is false or misleading “contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading” or “contains an assertion about the lawyer or the lawyer’s services that cannot be substantiated.规则七.1(a)(1); 7.1(a)(2).
第244号意见, this Committee held that the name of a nonlawyer partner may be included in the name of a law firm so long as business cards and letterhead clearly indicate that the nonlawyer partner is not a lawyer. Similarly, in ABA Informal Opinion 89-1527 (Feb. 22, 1989), the ABA Committee on Ethics and Professional Responsibility determined that the listing of nonlawyer personnel on a law firm’s letterhead and business cards is permissible so long as these materials make it clear that the nonlawyer personnel are not licensed to practice law and do not exercise control over the law firm’s professional legal practice. The rationale underlying both Opinion 244 and ABA Informal Opinion 89-1527 is that failing to distinguish those persons who are presently permitted to practice law and those who are not, is misleading under 规则7.1(a)(1).
Similarly, in Nevada Ethics Opinion 14 (Oct. 8, 1993), the Standing Committee on Ethics and Professional Responsibility held that a lawyer may list the states where she is currently 不活跃的 on her letterhead so long as it includes a qualification indicating the lawyer’s 不活跃的 status. The Standing Committee recognized that it would be potentially misleading to the public for the lawyer not to note her 不活跃的 status.
The same rationale applies to the present inquiry. Once a lawyer becomes an 不活跃的 D的成员.C. 酒吧, it would be misleading to state, on his letterhead and business cards, that he is “Admitted to N.J., P.A. 和D.C. bars” because this statement implies a present ability to practice law in this jurisdiction. 规则二，第二. 4, of the District of Columbia Court of Appeals 规则 Governing the 酒吧, provides that “[n]o judicial or 不活跃的 member shall be entitled to practice law in the District of Columbia.” The statement “Admitted to N.J., P.A. 和D.C. bars” suggests that the lawyer is presently permitted to practice in all three jurisdictions. As Rule II indicates, 然而, once the lawyer opts for 不活跃的 status, he will no longer be permitted to practice law in the District of Columbia. It would be misleading for the lawyer to state that he is admitted to the D.C. 酒吧 without saying anything more. This would create the impression that the lawyer is presently permitted to practice in D.C. when indeed he is not. 因此, a lawyer must note his 不活跃的 status on letterhead and business cards so as not to violate 规则7.规则1和规则7.5.
调查没有. 95-11-34
Adopted: April 16, 1997
