伦理意见271
非活动会员:名片和信笺
A lawyer who is licensed to practice in three jurisdictions, 包括哥伦比亚特区, and who plans to become an 不活跃的 D的成员.C. 酒吧不能表明他是被录取的.C. 酒吧 在他的信头和名片上 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.
适用的规则
- 规则7.1 (Communications Concerning a Lawyer’s Services)
- 规则7.5(公司名称及信头)
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. 他的名片上写着“酒吧”, 业务的公告, and 信纸的信头 after he becomes an 不活跃的 D的成员.C. 酒吧.
讨论
这项调查提出了一个问题，即D.C. 职业行为准则允许 不活跃的 D的成员.C. 栏表示“被N录取”.J., P.A. 和D.C. 他的名片上写着“酒吧” 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. 这种遗漏将违反规则7.1和7.5.
规则7.5禁止澳门赌场官网使用公司名称, 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. 同样，在美国澳门赌场官网协会第89-1527号非正式意见(2月11日)中. 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, 在规则7下是否具有误导性.1(a)(1).
同样，内华达州伦理意见14(10月14日). 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, 这样说会误导人, 在他的信头和名片上, 他被N录取了.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.声明“被N.J., P.A. 和D.C. bars” suggests that the lawyer is presently permitted to practice in all three jurisdictions. 如规则II所示, 然而, 一旦澳门赌场官网选择不活跃状态, 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. 别再说什么了. This would create the impression that the lawyer is presently permitted to practice in D.C. 其实他不是. 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
通过:1997年4月16日
