104 N.J.L.J. 567
December 27, 1979
Two Partners "Of Counsel" to Sole
Practitioner in Other County and Vice Versa
Two law partners inquire whether their names may appear as "of
counsel" on the letterhead of a sole practitioner whose office is
located in another county and whether they may include the name of
the sole practitioner as "of counsel" to the inquiring firm.
Nothing in DR 2-102 would preclude the proposed representation.
Former paragraph (A)(4) of that rule provided "A lawyer may be
designated 'of counsel' on a letterhead if he has a continuing
relationship with a lawyer or law firm, other than as a partner or
associate." We are asked to assume, of course, that those
designated "of counsel" are available to clients of the separate
firms and that any division of fees will not offend DR 2-107(A) or
the rules referred to therein. Since the proposed designation
appears accurately to portray the relationship to the public it is
in no way misleading and it is therefore proper.