Can an Arizona law firm call itself 'ABCD Law Center' using the partners' initials?
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This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A law firm proposed to operate as "ABCD Law Center," where the letters stood for the partners' initials, and asked whether that name was a trade name prohibited by ER 7.5(a). At the time, the Comment to ER 7.5 stated that a firm may be designated by the names of all or some of its members, or of deceased members where there is a continuing succession, but that "[t]rade names may not be used."
The committee read the trade-name prohibition broadly. Quoting Black's Law Dictionary, it treated a trade name as any designation used to denote a person's services or business, and concluded the bar applies to "any designation beyond a simple listing of the names of the attorneys actually practicing with the law firm." It anchored this in the Comment's statement that a firm may be designated by the names of some or all of its members, with only limited exceptions (such as firm names that omit some attorneys, or that retain deceased members' names where succession continues).
Drawing on its Opinion 90-01, which had approved "[Lawyer] and Associates" so long as the employing lawyer's name was included, the committee concluded the key issue is whether at least one lawyer's name appears in the firm name. Initials alone, as in "ABCD Law Center," do not provide sufficient identification of the firm members, so the proposed name is a trade name prohibited by ER 7.5(a).
Currency note
This opinion was issued in 1991, before Arizona's 2003 adoption of the Ethics 2000 revisions to the Rules of Professional Conduct. Arizona's firm-name rule (ER 7.5) was later amended, and the categorical ban on trade names has since been relaxed in many jurisdictions. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a law firm use its partners' initials as the firm name?
A: No, under this opinion. The committee concluded "ABCD Law Center" is a trade name barred by ER 7.5(a) because initials do not sufficiently identify the lawyers actually practicing in the firm.
Q: What is the key test for whether a firm name is a trade name?
A: The opinion concluded the key issue is whether at least one lawyer's actual name is included; any designation beyond a listing of the names of the attorneys actually practicing is treated as a trade name.
Q: Are any non-name designations allowed?
A: The opinion recognized limited exceptions from the Comment to ER 7.5, such as firm names that omit some attorneys or that retain deceased members' names where there is a continuing line of succession, but it treated these as narrow exceptions to a strict general rule.
Background and rules framework
The opinion applies ER 7.5 (Model Rule 7.5), which governed firm names and letterheads. ER 7.5(a) prohibited a firm name that violates ER 7.1, and the Comment to ER 7.5 stated that a firm may be designated by the names of all or some of its members, or of deceased members in a continuing succession, but that trade names may not be used.
Citations and references
Rules of Professional Conduct:
- MR 7.5 / AZ ER 7.5 (firm names and letterheads; trade-name prohibition)
Other opinions cited:
- Arizona Opinion 90-01: "[Lawyer] and Associates" is permissible if the employing lawyer's name is included and the lawyer employs other lawyers
Other authority:
- Black's Law Dictionary (5th ed. 1979), definition of "trade name"
See also
- AZ Ethics Op. 90-01: Firm Names and Trade Names
- AZ Ethics Op. 91-11: Retired Partner in the Firm Name
- AZ Ethics Op. 89-07: Advertising and Firm Names
Source
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
4/1991
Proposed law firm name, "ABCD Law Center" held a trade name.
FACTS
The inquiring attorney’s law firm proposes to use the name "ABCD Law Center," the letters of which stand for the partners’ initials.
QUESTION
Does the name "ABCD Law Center" constitute a trade name that is prohibited by ER 7.5(a) of Rule 42, Rules of the Supreme Court of Arizona?
ETHICAL RULE INVOLVED
ER 7.5. Firm Names and Letterheads
Comment to ER 7.5: A 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. Trade names may not be used.
OPINION
Black’s Law Dictionary (5th ed. 1979) (at p. 1339) defines a trade name as "any designation which (a) is adopted and used by person to denominate goods which he markets, or services which he renders, or business which he conducts, or has come to be so used by others, and (b) through its association with such goods, services or business, has acquired a special significance as the name thereof . . ."
This definition of a trade name is very broad and applies to any designation beyond a simple listing of the names of the attorneys actually practicing with the law firm. This conclusion is supported by the Comment to ER 7.5, which states that a firm may be designated by the names of some or all of its members. Some exceptions to this Rule have been carved out in the Comment; for example, firm names that do not list all of the attorneys practicing in a law firm are permissible, as are firm names that list deceased members where there has been a continuing line of succession in the firm’s identity. However, these appear to be limited exceptions to the strict general rule. In our Opinion No. 90-01, we determined that it was ethically proper for a lawyer to use the name "[Lawyer] and Associates." Specifically, we concluded that "[this name] is not a trade name and is not improper or misleading..., provided that the employing lawyer’s name is included in the firm name and that the lawyer does employ one or more other lawyers to assist him in his practice" (emphasis added). Opinion No. 90-01 at 3.
Therefore, a key issue appears to be whether at least one lawyer’s name is included in the firm name. Although the proposed name, "ABCD Law Center," contains the initials of some of the firm members, this does not provide sufficient identification of the firm members to keep the name from constituting a trade name prohibited by ER 7.5(a).
We accordingly conclude that "ABCD Law Center" is a trade name, and as such is in violation of ER 7.5(a).
©State Bar of Arizona 1991
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