Legal Question in Business Law in New York

An attorney may form a Professional Corporation or a Professional Limited Liability Company, but not for the practice of law. Thus, an attorney who, say, wishes to invest in real estate may freely form a regular corporation or a limited liability company, but if the purpose of the entity is the practice of law, then it must be either a PC or a PLLC.

This is an interesting question. The New York State Department of Education governs the professions that are to operate as a Professional entity such as a Professional Limited Liability Company (PLLC). Attorneys are not on the list, because our profession is governed by the state bar which is a separate agency from the Department of Education.

To the best of my knowledge, the issue of whether a law practice should be a PLLC or LLC is not mandated and I have have seen law firms of either type.

Roman R. Fichman, Esq.

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