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                                         104 N.J.L.J. 567
                                        December 27, 1979


Appointed by the New Jersey Supreme Court


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.

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