NYSBA Committee on Professional Conduct – Professional letterheads and emails: Opinion 1180

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New York State Bar Association Committee on Professional Conduct

Professional letterheads and emails

Solo practitioner – Corporate counsel

Ethics Opinion 1180

Background: The inquiring attorney is a solo practitioner and serves as outside counsel to a client company. While he has other clients, he devotes a significant amount of professional time to the client’s affairs. The client has asked that the inquirer use a client email address with a signature line that includes the client’s logo and a title indicating the inquirer is corporate counsel and chief compliance officer for the client, which is factually correct.

Opinion: The Committee concluded that an attorney may communicate with third parties on a client’s behalf using a client’s email address with a signature line that includes the client’s logo and a title indicating that the inquirer is corporate counsel and chief compliance officer for the client, provided that the client devotes a substantial amount of professional time to the client’s representation and provided that such position and title representations are truthful.