Opinion 10-49 - REVISED

April 1, 2010

Hon.

Dear Justice:

            This responds to your inquiry (10-49) asking whether you may receive an award presented by the charitable arm of a bar association at the charity’s annual fund-raising event and whether your name may be included in advertising for the event, particularly, a save-the-date card and a subscription brochure, which itemizes the cost of the sponsorship opportunities.

         It is ethically permissible for you to participate in a bar association’s sponsored charitable events, including the advertising of such event, where, as you have indicated in your inquiry, the fund-raising will be used to provide “financial support to a variety of law-related charities and agencies and other social service charities, as well as law school and college scholarships to deserving students from .... [the] county.” In addition, your name may be used to advertise the event as long as nothing in the advertisement could be construed as using your name for solicitation purposes.

         Enclosed, for your convenience, is a copy of Opinion 01-39 which addresses this issue (see also 22 NYCRR 100.4[C][3][b][ii] and [iv]).            

Very truly yours,

George D. Marlow

Associate Justice,

Appellate Division,

First Department(Ret.)

Committee Chair

Enc.