New York Criminal and Civil Courts Bar Ass’n v. Jacoby, 61 N.Y.2d 130 (1984)
A multistate law firm with partners admitted in different states can practice law in New York if at least one active partner is admitted in New York, and the firm can use a firm name consisting of combined surnames, even if none are the surnames of partners licensed in New York.
Summary
The New York Criminal and Civil Courts Bar Association sought to enjoin Jacoby & Meyers from practicing law in New York, arguing the firm’s name misrepresented that partners Jacoby and Meyers were licensed in New York. The Court of Appeals held that a multistate law firm can practice in New York if at least one active partner is admitted in the state. Using a firm name comprised of surnames alone does not constitute a misrepresentation that individuals with those surnames are admitted to practice in New York. The firm may use its firm name in advertisements and on letterheads, provided it clearly indicates when individual lawyers listed are not admitted to practice in New York.
Facts
Jacoby & Meyers is a national law firm with offices in California and New York. Leonard D. Jacoby and Stephen Z. Meyers are admitted to practice in California but not in New York. Gail J. Koff, a partner resident in New York, is a member of the New York Bar and supervises the firm’s New York offices. The firm uses letterheads listing office locations in New York and identifying partners not licensed in New York. The firm also advertises in New York using only the firm name.
Procedural History
The New York Criminal and Civil Courts Bar Association sought permission from the Supreme Court to bring an action against Jacoby & Meyers after first requesting the Attorney General to do so. The Supreme Court denied both the defendants’ motion to dismiss and the plaintiff’s cross-motion for summary judgment. The Appellate Division modified by dismissing the complaint. The Court of Appeals affirmed the Appellate Division’s decision, treating the appeal as cross-motions for summary judgment.
Issue(s)
Whether a multistate law firm can practice law in New York State if at least one active partner is admitted to practice in New York, and whether the firm can conduct such practice under a firm name comprised of a combination of surnames, although none of them is the surname of a partner licensed to practice in New York.
Holding
Yes, because use of a firm name comprised of surnames, without more, does not constitute any holding out that there are individual partners bearing those surnames who are admitted to practice in New York.
Court’s Reasoning
The Court reasoned that section 478 of the Judiciary Law prohibits individuals from practicing law in New York without being admitted to the New York bar. However, the court found that the use of a firm name consisting of surnames, without any further representation, does not imply that individuals bearing those surnames are admitted to practice in New York. The Court drew an analogy to firms using the names of deceased partners, noting that in both situations, the firm name is an “institutional description” and does not represent that individuals with those surnames are currently available to render legal services in New York.
The Court cited Disciplinary Rule 2-102(D) of the Code of Professional Responsibility, which states that multistate firms must clearly indicate the jurisdictional limitations of members not licensed in all listed jurisdictions but that the same firm name may be used in each jurisdiction. While noting that the Code does not have the force of law, the court found that in this instance, the rule fairly states the application of section 478 to multistate law firms.
The court emphasized that the policy of New York is to foster the availability of a wide range of professional services by qualified lawyers. However, only individuals admitted to practice in New York may actually practice law in the state. The court concluded that Jacoby & Meyers was entitled to summary judgment because there was no evidence that the firm was violating these rules.