86 N.J.L.J. 617
November 7,1963
OPINION 9
Name of Attorney on
Investigator's Business Card
Inquiry has been made as to whether it is ethically proper for
an attorney to permit his name or that of his firm to be placed on
the business card of an investigator investigating facts pertaining
to professional matters for the attorney or his firm.
Canons of Professional Ethics, Canon 27 reads in part:
It is unprofessional to solicit professional
employment by circulars, advertisements, through touters
or by personal communications or interviews not warranted
by personal relations. Indirect advertisements for
professional employment ... offend the traditions and
lower the tone of our profession and are reprehensible;
but the customary use of simple professional cards is not
improper. ...
Not only should attorneys avoid unprofessional conduct, they
should also avoid the appearance of such conduct. N.J. Advisory
Committee on Professional Ethics, Opinion 8, 86 N.J.L.J. 718
(1963).
The use of such cards by an investigator though seemingly for
an innocent purpose could lead to abuses in many ways. Besides,
the use of such cards might be taken as a representation that a
layman was associated in the practice contrary to the spirit of the
Canons of Professional Ethics, Ass'n. of the Bar, City of N.Y.,
Committee on Professional Ethics, Opinions 411 (1937), 341 (1935);
A.B.A. Committee on Professional Ethics and Grievances, Opinions
233 and 272 (1946).
Since it has also been determined that a lawyer's letterhead
may not carry the name of a layman, Drinker, Legal Ethics 288
(1953), it would seem to follow that the reason for this is equally
applicable to the subject of the instant inquiry.
There are, of course, other ways of identification besides the
suggested means, without any possible abuse or misinterpretation.
The Committee concludes that the inquiry must be answered in
the negative.