1973, January, Pg. 27. ETHICS.

2 Colo.Law. 27

The Colorado Lawyer

1973.

1973, January, Pg. 27.

ETHICS

27Vol. 2, No. 3, Pg. 27ETHICSOpinions of the Ethics Committee of the Colorado Bar Association are published here for the information of the members of the Association. Formal opinions are given on matters of general and continuing interest to the Bar. Informal opinions are given in response to specific inquiry.Informal Opinion: 10/10/72Topic:District Attorneys; partnerships; letterheadDigest:A law firm may not ethically retain on its letterhead the name of a lawyer elected District AttorneyOpinionThe question presented is whether a law firm may retain on its letterhead the name of a partner who has been elected to the office of District Attorney. The Committee unanimously agreed that it would be improper for the firm to continue the partner's name on the letterhead.

Under present law in Colorado, district attorneys cannot engage in the private practice of law, nor receive any income from any private law firm. C.R.S. 45-2-1, as amended by H.B. 1002 (1972). Thus the partner in question cannot be actively engaged in the affairs of the firm during the time he is serving as District Attorney.

Disciplinary Rule 2-102(B) of the new Code of Professional Responsibility provides: "A lawyer who assumes a judicial, legislative, or public executive or administrative post or office shall not permit his name to remain in the name of a law firm or to be used in professional notices of the firm during any significant period in which he is not actively and regularly practicing law as a member of the firm, and during such period other members of the firm shall not use his name in the firm name or in professional notices of the firm."

In addition, Disciplinary Rule 2-102(c) provides: "A lawyer shall not hold himself out as having a partnership with one or more other lawyers unless they are in fact partners."

Formal Opinion 318 of the American Bar Association also deals extensively with this problem and, in substance, prohibits the use of the name of a person on a firm letterhead when that person cannot, in fact, actively practice law within the state as a member of that firm. The rationale of the Opinion is that to do otherwise would be misleading.

Informal Opinion: 10/11/72Topic:City AttorneysDigest:A city attorney may ethically represent criminal defendants in county...