ETH 1207
Ethics Opinion 1207
New York Ethics Opinion
November 10, 2020
Topic
Firm names; trade names
Digest:
A law firm may practice in New York using a name that does
not include the name of any lawyer currently or formerly
practicing in the firm (i.e., under a “trade
name”) as long as the name under which the firm
practices is not false, deceptive or misleading. A law firm
may continue to practice under the same name after a name
partner retires from the practice of law.
Rules:
7.5(b); 8.4(c).
FACTS
1. In
the wake of the recent amendment to Rule 7.5(b) of the New
York Rules of Professional Conduct, three inquiries have come
to the Committee asking closely aligned questions.
2. The
first inquiry comes from a national law firm that maintains
offices in several states where trade names are permitted and
currently practices in those states under a trade name we
will call “LONG Legal Group.” LONG is an acronym
for “Law Office of Norman Grant” (also fictional)
who is the sole owner of the firm. In New York, Grant and two
New York admitted attorneys, who we will call Hudson and
India, practice in a law firm we will call “Grant,
Hudson & India, PC.”
3. The
second inquiry comes from a firm located in New York that
maintains a physical location on a street we will call
“Maple Street,” and wishes to practice under the
trade name “Maple Street Law Group.”
4. The
third inquiry comes from a lawyer named Jones who informs us
that Smith, one of the name partners in a law firm we will
call “Smith & Jones, LLP,” will soon be
retiring. The remaining name partner, Jones, wants to
continue practicing under the same name.
QUESTIONS
5. May
a law firm practice under a name that does not contain the
name of any lawyers (in other words, under a trade name)?
6. May
a law firm practice under a trade name based on its street
address?
7. May
a law firm continue to practice under a firm name that
includes the name of a retired name partner?
DISCUSSION
8. For
decades, lawyers have been required to practice under a firm
name that contains the name of one or more of the lawyers in
the firm or 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. Prior opinions issued by this
Committee under this Rule have stressed the purpose of the
requirement is to protect the public from being deceived or
misled as to the identity of lawyers using or practicing
under the firm...
