94-2.

• Case Date: May 03, 1994
• Court: Alaska

Alaska Ethics Opinion 1994. 94-2. Ethics Opinion No. 94-2Simultaneous Use of More than One Name for Law Firm.The Committee has been asked whether an attorney or firm may simultaneously use more than one name for the purpose of marketing legal services offered by the attorney or firm. Under the assumed facts, the attorney or firm proposes to advertise using a trade name employing the phrase ". . . Law Firm" preceded by geographical or other references which might connote a practice concentrating in one area of law, while at the same using "Law Office of [Attorneys Name]" to market a domestic relations or a similar practice. Both "entities" would in fact be identical, with the same address and telephone, and providing the same range of legal services. Only the letterhead and advertisements would be different, and the attorney's name would be included in all advertisements for both names. It is the opinion of the Committee that the simultaneous use of two different names to identify and market a law practice is not inherently false or misleading, and is not prohibited by the Alaska Rules of Professional Conduct. The subject of "Firm Names and Letterheads," is addressed in Rule 7.5 of the Alaska Rules of Professional Conduct. While that Rule does not specifically address the issue raised, section (a) does provide the basic criteria. That provision states: (a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1. In effect, Rule 7.1 simply requires communications by lawyers to be truthful. To the extent applicable to this opinion, it provides: A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services or any prospective client's need for legal services. A communication is false or misleading if it: (a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading. Therefore, the issue to be addressed is whether...