NYCBA Formal Ethics Op. 2013-3: "Of Counsel" Designation for New York Attorney Practicing Law in a Foreign Country


A New York law firm may designate as “of counsel” a lawyer who is licensed to practice law in New York but resides and practices law mainly in a foreign country, provided that: (a) the of counsel lawyer has a “continuing relationship” with the law firm; (b) the use of the of counsel title is not false or misleading in other respects; and (c) the of counsel lawyer’s practice does not constitute the unauthorized practice of law in the foreign country.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Nicole Hyland
Frankfurt Kurnit Klein & Selz

I am a New York lawyer focusing on legal ethics, professional responsibility and legal malpractice. ... View Profile »

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