Ethics Hotline & Opinions

Ethics Docket No. 1990-28

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1990-28

Florida attorney opening office in Maryland

 

In your inquiry, you indicate that you are an attorney admitted to practice in the State of Florida and that you maintain your office within that State. While you indicate a desire to become a member of the Maryland Bar at some point in the future, you are not now a member. We understand, however, that you would like to open an office in Maryland which would be staffed by an attorney licensed in the State of Maryland. You indicate that you would pay the attorney in your proposed Maryland office a salary and a share of the profits of the practice.

The Committee is of the opinion that, assuming appropriate safeguards are put in place, the opening of a Maryland office by your firm for the practice of law would not run afoul of the Maryland Rules of Professional Conduct. In coming to this conclusion, we are guided primarily by Rule 7.5(b), which provides:

  1. a law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limits on those not licensed to practice in the jurisdiction where the office is located.

This rule sanctions the use of multi-jurisdiction offices by a law firm. We are aware of no requirement that a Maryland office of a multi-jurisdiction law firm have residing within it a partner or, in the case of a professional association, a shareholder. In addition, as indicated in Rule 7.5(b) it is permissible for you to use the name of the firm as used in Florida in conjunction with your Maryland office, so long as the jurisdictional limitations on the various lawyers' practices are appropriately indicated on the firm correspondence and announcements.

We would point out a number of additional ethical constraints of which you should be aware. First, Rule 5.4(b) prohibits the formation of a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law. Rule 8.5 provides that a lawyer not admitted to practice in this State is subject to the disciplinary authority of this State for conduct that constitutes a violation of these Rules and that, among other things, involves the practice of law in this State by another lawyer over whom that lawyer has the obligation of supervision or control. Finally, we point your attention to Rule 7.1 through 7.4, which concern various aspects of communications concerning a lawyer's services or advertising with which we believe you should be familiar.

Finally, we express this opinion on the ethical issues raised by your inquiry, and do not opine on any legal issues that may exist under Maryland law.

 

DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.