NYSBA Ethics Opinion 1288: A Trust Cannot Hold Ownership of a Law Firm

Succession and estate planning for lawyers presents unique ethical challenges that do not arise in other professions. New York State Bar Association Committee on Professional Ethics Opinion 1288 (December 19, 2025) offers a timely reminder that even carefully structured estate plans must comply with the Rules of Professional Conduct—particularly those governing nonlawyer ownership and fee sharing.

The opinion addresses whether an irrevocable testamentary trust may hold a deceased lawyer’s ownership interest in a professional corporation for the benefit of another lawyer. Despite thoughtful safeguards built into the proposed trust, the Committee concluded that the arrangement violates Rule 5.4 and is therefore impermissible.

NYSBA Ethics Opinion 1288: A Trust Cannot Hold Ownership of a Law Firm