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

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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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