SINGER HUNTER LEVINE, ETC. v. La. State Bar Ass'nSINGER HUNTER LEVINE, ETC. v. La. State Bar Ass'n
Singer Hutner Levine Seeman & Stuart is a partnership organized under the laws of the State of New York for the practice of law. Walter B. Stuart IV and Stephen I. Dwyer are attorneys admitted to practice law in the State of Louisiana by this court. Stuart is a partner and Dwyer is an associate in the New York firm. Stuart and Dwyer are the only persons associated with the firm who are admitted to practice in this state. They are also the only members of the firm who are physically in this state and actually practicing here. The other members of the firm are licensed and are practicing either in New York or California where the firm maintains an office.
On November 6, 1978 Stuart and Dwyer, through counsel, requested an opinion from the Louisiana Bar Association‘s Committee on Professional Responsibility on the question of whether their participation in the New York firm was an impediment to their continued practice in Louisiana. Before the committee formulated an opinion on the matter, Stuart and Dwyer were informed that they were under investigation by the committee. The members of the firm in New York were informed that they were under investigation by the Committee on the Unauthorized Practice of Law. The investigation followed an exchange of correspondence between Stuart and the executive counsel of the Committee on Professional Responsibility, who indicated that the committee was of the opinion that the practice by the Louisiana lawyers “under the heading” of the out-of-state firm was in violation of
“No natural person, who has not first been duly and regularly licensed and admitted to practice law by the Supreme Court of this state, no partnership except one formed for the practice of law and composed of such duly licensed natural persons, and no corporation or voluntary association except a professional law corporation organized pursuant to Chapter 11 of Title 12 of the Revised Statutes, shall:
(1) Practice law;
(2) Furnish attorneys or counsel or an attorney and counsel to render legal services;
(3) Hold himself or itself out to the public as being entitled to practice law;
(4) Render or furnish legal services or advice;
(5) Assume to be an attorney at law or counselor at law;
(6) Assume, use or advertise the title of lawyer, attorney, counselor, advocate or equivalent terms in any language, or any phrase containing any of these titles, in such manner as to convey the impression that he is a practitioner of law; or
(7) In any manner advertise that he, either alone or together with any other person, has, owns, conducts or maintains an office of any kind for the practice of law.”
The bar association contends that the activities of the out-of-state firm and its members are in violation of the statute, and that Stuart and Dwyer are subject to discipline under the Code of Professional Responsibility for aiding in the unauthorized practice of law.2 The plaintiffs urge a more restrictive interpretation which would allow them to maintain a partnership composed of both in-state and out-of-state lawyers and to continue to use their current letterhead.
A determination of whether there is a statutory violation, however, is not dispositive of this case.3 We must also determine whether the legislative attempt embodied in the statute to regulate the practice of law can in this instance be given effect.
It is well established that the final authority to regulate the practice of law is vested in this court, not in the legislature.4 Saucier v. Hayes Dairy Products, Inc., 373 So.2d 102 (La.1979); Louisiana State Bar Association v. Edwins, 329 So.2d 437 (La. 1976); Louisiana State Bar Association v. Connolly, 201 La. 342, 9 So.2d 582 (1942);
This court‘s authority to regulate the practice of law has resulted in the promulgation and adoption as rules of this court the Articles of Incorporation of the Louisiana State Bar Association.6 See Supreme Court of Louisiana Order Book March 12, 1941-February 26, 1948 at p. 1A; Rules of the Supreme Court of Louisiana, Rule 19 (1973);
The articles incorporation were subsequently amended by this court to incorporate the Code of Professional Responsibility in lieu of the Canons of Ethics. See Supreme Court of Louisiana Order Book August 19, 1967-January 1971 at p. 162. The Code of Professional Responsibility, which regulates attorneys’ practice, has been recognized as having the force and effect of substantive law. Saucier v. Hayes, supra; Louisiana State Bar Association v. Connolly, supra; Ex parte Steckler, supra. This court will uphold legislative acts passed in aid of its inherent power, but will strike down statutes which tend to impede or frustrate its authority. Saucier v. Hayes, supra; Louisiana State Bar Association v. Connolly, supra; Meunier v. Bernich,7 supra.
Disciplinary Rule 2-102(D) of the Code of Professional Responsibility provides:
“A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed jurisdictions; however, the same firm name may be used in each jurisdiction.”
That provision, adopted by this court in the exercise of its inherent authority,8 allows
The plaintiffs are in compliance with DR 2-102(D).9 Under the authority of this court, they are entitled to engage in the activities which the bar association claims to be in violation of the statute. Assuming that the bar association is correct in its interpretation, and that either the out-of-state lawyers or the firm itself are engaged in acts proscribed by
Injunctive relief was sought by plaintiffs, but is unnecessary because of our holding regarding the conflict between
Therefore, there is judgment in favor of plaintiffs declaring that, insofar as it conflicts with DR 2-102(D),
SUMMERS, C. J., and MARCUS, J., dissent.