Old Rule 7.5 Firm Names and Letterheads

(a) A lawyer shall not use or participate in the use of a firm name, letterhead, professional card, office sign, telephone directory listing, law list, legal directory listing, or other professional designation that violates Rule 7.1. 

(b) A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such a name, or firm name containing names other than those of one or more of the lawyers in the firm; provided, the name of a professional corporation or professional association may contain "P.C.," "L.L.C.," "L.L.P.," "P.A." or similar symbols indicating the nature of the organization, and a legal clinic which meets all of the criteria of a legal clinic as defined by these rules may use "legal clinic" in its name.

(c) A law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations of those not licensed to practice in the jurisdiction where the office is located.

(d) A firm may use, or continue to include in its name, the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession.

(e) The name of a lawyer holding a public office shall not be used in the name of a law firm or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

(f) Lawyers may state or imply that they practice in a partnership or other organization only when that is a fact.

COMMENT

The firm may be designated by the names of all or some of its members or by the names of deceased members where there has been a continuing succession in the firm's identity. It may be observed that any name including the name of a deceased partner is, strictly speaking, a trade name. The use of such names to designate law firms is proven a useful means of identification. However, it is misleading to use the name of a lawyer not associated with the firm or a predecessor of the firm.

With regard to paragraph (f), lawyers sharing office facilities, but who are not in fact partners, may not denominate themselves as, for example, "Smith & Jones," for that title suggests partnership in the practice of law.

A lawyer occupying a judicial, legislative, or public executive or administrative position who has the right to practice law concurrently may allow his or her name to remain in the name of the firm if the lawyer actively continues to practice law as member thereof. Otherwise, the name should be removed from the firm name, and the lawyer should not be identified as a past or present member of the firm. In addition, the lawyer should not hold himself or herself out as a practicing lawyer.

In order to avoid the possibility of misleading persons with whom the lawyer deals, a lawyer should be scrupulous in the representation of his or her professional status. The lawyer should not hold himself or herself out as being a partner or associate of a law firm if the lawyer is not one in fact, and thus should not hold himself or herself out as a partner or associate if the lawyer only shares office space with another lawyer.

Committee Comment

The Committee decided not to adopt the provision in ABA proposed Model Rule 7.5 which permits lawyers to practice under a trade name. The Committee determined that it would be misleading to the public if any attorney practiced under a trade name. Firms develop "a persona" which becomes known to the public, which might not be known if lawyers practiced under a trade name. The Committee incorporated portions of DR 2-102(B) into Model Rule 7.5, paragraphs (b) and (c). The Committee also believes that incorporating EC 2-12 and EC 2-13 into the Comments is helpful in providing guidance to practicing lawyers.

Amended and adopted by the Court, En Banc, October 17, 1996, effective January 1, 1997.