1989-90-04.

• Case Date: January 11, 1990
• Court: New Hampshire

New Hampshire Ethics Opinion 1990. 1989-90-04. NEW HAMPSHIRE BAR ASSOCIATIONEthics Committee Advisory Opinion #1989-90/4Letterhead Listing: Elected Public Official/Firm MemberJanuary 11, 1990RULE REFERENCES:*Rule 7.1 *Rule 7.1(b) *Rule 7.5(a) *Rule 7.5(c)SUBJECTS:*Advertising and Solicitation *Letterhead *Public OfficialsCODE REFERENCES:*DR2-102(B) *DR2-103 *DR2-104ANNOTATIONS:

Any communication contained in an attorney's letterhead must not be misleading to the public. (Rule 7.1; 7.5(a))

The inclusion of the name of a lawyer who has been appointed or elected to a high public office, in the firm name, is inherently misleading to the public. It is in violation of Rule 7.1. (Rule 7.1)

I. QUESTION:

Do the Rules of Professional Conduct prevent the name of a lawyer who has been elected to a high federal public office from appearing on the letterhead of a law firm with the designation "on leave", or appearing in the name of the firm?

II. BRIEF RESPONSE:Rules 7.1(b) and 7.5(c) of the Rules of Professional Conduct would prohibit the inclusion of the name of the lawyer who has been elected to a high federal public office, from appearing in the name, letterhead or other professional notices of a law firm.III. RESPONSE:The discussion and opinions cited in NH Op #1988-89/22 are dispositive to the inquiry presented and will not be reproduced here. Rule 7.1 requires that any communication contained in an attorney's letterhead must not be misleading to the public. That concept is codified by Rule 7.5(a) which states that "a lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1." It is instructive to reiterate the provisions of Rule 7.5(c), which states:

"[T]he name of a lawyer holding a public office shall not be used in the name of the law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly in practice with the firm." Rule 7.5(c).

The inclusion of the name of a lawyer who has been appointed or elected to a high public office in the firm name has been found repeatedly to be inherently misleading to the public and, therefore, in violation of Rule 7.1 and its predecessor in the Model Code. This violation cannot be resolved by the addition of an explanation in the letterhead or professional announcement, such as the lawyer being...