1973, July, Pg. 37. ETHICS.

2 Colo.Law. 37

The Colorado Lawyer

1973.

1973, July, Pg. 37.

ETHICS

37Vol. 2, No. 9, Pg. 37ETHICSBecause of repeated inquiries by members of the Bar regarding interest charges on legal fees and payment of legal fees by credit card, the Ethics Committee reminds attorneys that it is unethical for a lawyer to charge interest on legal fees or to accept payment for professional services by credit card. For a full discussion see informal opinions of the committee printed in The Colorado Lawyer, October 1972, pages 22 and 23.Revised Opinion No. 28Adopted April 28, 1973When a member of a law firm is elected or appointed to a judicial, legislative, or public executive or administrative office for any significant period of time during which he is not actively and regularly practicing law as a member of the firm, he may not properly hold himself out as a member of the firm, and his name shall not be used in the firm name, on the firm letterhead, in any firm identification placard or in professional notices of the firm.

FactsAn attorney who is a member of a law firm is elected or appointed to a judicial, legislative, or public executive or administrative office for a significant period of time during which he will not actively and regularly practice law with his firm. Should he, prior to assuming the duties of his public office, resign from his firm, and should his name be removed from the firm name, from the firm letterhead and identification placards, and professional notices of the firm?

OpinionA lawyer should not hold himself out as offering legal counsel to the public if he is not actively and regularly practicing law. Service in a judicial, legislative, or public executive or administrative office which, for a significant period of time, prevents the lawyer from actively practicing law also prevents him from holding himself out as a practicing lawyer. Whether he has the right to practice law concurrently while holding that office or not, his name should be removed from the firm name, and he should not be identified as a past or present member of the firm. Canon 2, Code of Professional Responsibility; Ethical Consideration 2-12; Disciplinary Rule 2-102(B).

If he does have the right to practice law concurrently while holding the public office, he may continue to be identified with his firm so...