ETHICS DOCKET NO. 1988-21

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-21

Law Offices: Relationship of attorney to firm during leave of absence

As we understand the facts, you intend to take an indefinite leave of absence from the law firm in which you are a partner. This leave of absence is occasioned by your becoming more actively involved in your family's business, a series of entities engaged in commercial real estate development. You propose to act as in-house counsel. You intend to maintain a law office at the family business location and do not expect to maintain a regular business office at the law firm. It is your desire and the desire of the law firm to continue an affiliation.

You first ask whether or not you may continue as partner with the firm during the leave of absence and appear as such on the firm letterhead. We first reference Rule 7.5(d) of the Rules of Professional Conduct which provides as follows:

  Lawyers may state or imply that they practice in a partnership or other organization only when that is a fact.

It appears from the aforegoing that it is unethical to have letterhead denote partnership where such is not the case. If you qualify as partner during the absence, no ethical problem presents. The opposite results if the letterhead denotes partnership where that status does not in fact exist. Unfortunately, we are unable to advise you as to whether you qualify for partner status during the proposed leave of absence. Our Committee is only authorized to opine on matters of ethics. The question of whether you qualify as a partner is a question of law which we are not authorized to answer.

Your next inquiry asks whether you may affiliate with the firm in an ""of counsel"" capacity. If you do not qualify as partner, we see no ethical problem with ""of counsel"" status. In that connection we attach a copy of the Committee's opinion in Docket 79-49 which explains that ""of counsel"" status denotes a relationship with the firm short of being an associate or partner.

Assuming that you enjoy ""of counsel"" status, we do not think it would violate the Maryland Rules of Professional Conduct to represent firm clients (through the firm) for an agreed upon fee so long as the client is made aware of your affiliation with the firm.

Lastly, you ask if you may order individual stationary letterhead while acting as in-house counsel for the Rubin Companies. We see no ethical prohibition.