06-03.

• Case Date: November 15, 2006
• Court: Kansas

Kansas Ethics Opinion 2006. 06-03. November 15, 2006KBA Legal Ethics Opinion No. 06-03November 15, 2006 KBA Legal Ethics Opinion No. 06-03 TOPIC: May a law firm continue to list the name of a former partner who has been disbarred or suspended from practice in the firm's name? DIGEST: It would be improper for a law firm to include in its firm name, or on its letterhead, the name of a former partner who has been disbarred, or otherwise suspended from the practice of law. REFERENCES: KRPC 3.2, 3.4, 4.1, 7.1, 7.5, 8.4 The Rules of Professional Conduct place importance on the public's perception of lawyers and their law firms. The Rules require the lawyer's candor in dealing with tribunals (Rule 3.2, KRPC), opposing parties and counsel (Rule 3.4, KRPC), and others (Rule 4.1, KRPC). Indeed, dishonest, fraudulent, deceitful or misrepresentative conduct represents professional misconduct. Rule 8.4(d), KRPC. Not only do the Rules require candor, they prohibit false or misleading communications about the lawyer or the lawyer's services. Rule 7.1, KRPC. Firm names and letterheads are governed by Rule 7.5, KRPC, and subsection (d) specifically states: "(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact." The Comments to this Rule observe that the name of a deceased member may be used in a firm name, when there has been continuous succession in the firm's identity. But the Comments continue: "However, it is misleading to use the name of a lawyer not associated with the firm or a predecessor of the firm." See In re Seck, 255 Kan. 552, 553, 874 P.2d 678 (1994), where the attorney was censured, inter alia, for conduct involving a...