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40 News Bull. 1 (1980)

handle is hein.barjournals/ialaw0040 and id is 1 raw text is: THE NEWS BULLETIN OF THE Iowa State Bar Association Vol. XXXX, No.1 1101 Fleming Building, Des Moines, Iowa 50309 January, 1980 GENERAL ASSEMBLY UNDERWAY COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT WELCOMING LAWYER RESTATEMENT LEGISLATOR DINNERRETEMN PLANNED FIRM NAMES-HOLDING OUT AS A PARTNERSHIP By the time this issue of The News Bulletin is received, the legislature will have convened. As of this writing, the Association's affirm- ative legislative program is underway and bills are being readied for Introduction-hopefully as committee bills. In keeping with the tradition of more than 30 years standing, the Association will host an Annual Welcoming Dinner Honoring the Lawyer Legislators. This will be a dutch treat dinner due to the current gift law. Acceptances have been received from nearly every Lawyer Legislator as well as from the House and Senate Leadership, Chief Justice Reynoldson, Attorney General Tom Miller and others prominent in judicial and legislative circles. The lawyer members of the legislature are: Lt. Governor Terry Branstad, Lake Mills. Senator Lucas J. DeKoster, Hull. Senator A. R. (Bud) Kudart, Cedar Rapids. GENERAL ASSEMBLY, Cont. on page 3 CARRYOVER BASIS REPEALED PRESIDENTIAL VETO ONLY DANGER Through the efforts of the members of The Iowa State Bar Association and the service performed by Arley J. Wilson, Marshalitown, Charles E. Harris, Des Moines, Russell G. Buchanan, Algona, to name but a few, it appears that Carryover Basis has been repealed. The repeal was adopted by the United States Senate upon an amendment offered by our Senator John Culver and Senator Robert Dole, Kansas, and others attached to the Windfall Profits Tax Bill which as of this writing is still in a House-Senate Conference Committee. The Conference Committee has agreed that the Carryover Basis Repeal Amendment will remain in the bill. It would appear that the Windfall Profits Tax Bill Is not likely to be vetoed by President Carter since it is one of his priorities. This is why Carryover Basis Repeal was attached to a so-called veto proof bill. As stated, the bill has not yet been signed into law. However, we have been advised that any estate which comes due during the period before the repeal is effective will be retroact- Ively saved. No one should be adversely affected. The Officers, the Board of Governors and the Chairman and Members of the Carryover Basis Committee are deeply grateful and appreci- ative of the overwhelming response and assist- ance received from the membership. Questions and uncertainties have arisen after the Committe issued Opinion 79-2, which was published in The News Bulletin in its January, 1979 Issue, concerning Improperly holding oneself out as a partner. This is unfortunate, because it was intended as a service to the Bar, interpreting the disci- plinary rules, and in no way as a warning or threat of any disciplinary action. The opinion actually constituted a restate- ment and a reminder to the members of the Bar of the provisions of DR2-102(B) and (C) of the Iowa Code of Professional Responsibility for Lawyers. It was in fact followed on May 9, 1979 by a policy statement of the Committee delay- ing any enforcement of the rule until after January 1, 1980, in order to give the members of the Bar an opportunity to review, adjust if appropriate, and use up existing supplies. The Disciplinary Rule has existed since its adoption by the Supreme Court on October 4, 1971, and as long as the Rule exists, the Com- mittee and the Bar are bound by it. Firms not in compliance might be faced with Insurance problems, complaints by clients or other lawyers, or other problems not presently foreseen, and the Committee felt a responsi- bility to alert the Bar. This Committee intends to do no more than it has in bringing this to the attention of the Bar. There is no witch-hunt intended. If com- plaints are received, or if violations are called to the attention of the Committee, they will be processed. It is up to each individual firm to determine whether or not it is in compliance-- whether or not, with professional notices, letterhead, signs or otherwise, it properly holds itself out to the public. Unless involved in a complaint (which has not occurred to date) the Committee has no intention of examining the arrangements of various firms. The Committee believes acceptable ex- amples of appropriate disavowal or disclaimer of partnership, where the names of several individual lawyers appear as a fIrm name on a letterhead, etc., which lawyers are not in fact partners, are as follows: 1. Able, Baker and Charlie Not a Partnership (in legible type) 2. Able, Baker and CI 'rlle An Association of S le Practitioners (in legible type) 3. Law Offices Building Somplace, Iowa 00000 with a list of lawyers in the margin or with each having separate stationery. It should be noted that this opinion relates to the Iowa Code of Professional Responsi- bility for Lawyers, the Ethical Consideration and the Disciplinary Rules thereunder. It is not an expression of possible legal effects or liabilities. The Committee is restating the previous opinion, 79-2, and the policy statement, which are repeated hereafter, but a3 modified herein and, hopefully, clarified by the foregoing. January 4,1979 FORMER ETHICS OPINION HOLDING OUT AS A PARTNERSHIP It has come to the attention of the Com- mittee that there are lawyers who are in violat- Ion of the Iowa Code of Professional Respons- ibility for Lawyers by giving an outward appearance of practicing as a partnership with others when this is not the fact. Attention is directed to Ethical Consideration 2-11 and Dis- ciplinary Rules 2-102(B) and 2-120(C). The Ethical Consideration and the Disci- plinary Rules provide that a lawyer shall not hold himself or herself out as having a partner- ship with one or more lawyers unless they are, in fact, partners. Nor shall a lawyer practice under a name that is misleading or imply that there is a partnership where, in fact, there is not one. Also, it should be borne in mind that where lawyers share office space, secretarial help, stationery and otherwise give an outward appearance of practicing as a partnership, such situation, at least for professional liabil- ity purposes probably creates a partnership by estoppel and thus the lawyers involved in such a group are, in all probability, holding them- selves out as a partnership, and, as to third parties who rely thereon, the partnership ETHICS and CONDUCT, Cont. on page 2 NEWS BULLETIN DELIVERY DELAYS Delays in delivering this issue of the News Bulletin and the December issue are due to circumstances beyond our control. We are continuing our efforts to see to it that each issue of the News Bulletin is received not later than the second or third week of the month. With luck, we will succeed in this schedule unless unforeseen circum- stances again rear their ugly head. Please Reserve June 18, 19 & 20, 1980 for the 107th Annual Meeting of The Iowa State BarAssociation to be Held at the Hotel Fort Des Moines. (15 Hours CLE Credit Planned)

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