Law firms in New York may designate as “of counsel” a lawyer who is licensed in this state but lives and primarily practices in a foreign country, according to an opinion issued by the New York City Bar Association’s Committee on Professional Ethics.
The committee said that the “of counsel” designation is permitted under Rules 7.5 and 5.5 of the New York Rules of Professional Conduct as long as the attorney has a “continuing relationship” with the firm, that the use of the title is not false or misleading and the of counsel lawyer’s practice does not violate rules of the foreign country.
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