Can a law firm with offices in two cities use letterhead that lists all of the firm's lawyers and shows both office addresses?

Plain-English summary

A Florida firm had maintained offices in Miami, with a letterhead giving the firm's name and address and listing partners and associates. The firm also opened a West Palm Beach office, whose address then appeared in the upper right-hand corner of the stationery while the Miami address occupied the prominent center position. The firm proposed stationery for use in West Palm Beach that would put the West Palm Beach address in the center and the Miami address in the corner, in effect swapping the two addresses, with the names of all partners and associates appearing on either version. The question was whether that stationery would be proper, and in particular whether it was improper to list all the firm's partners and associates on the West Palm Beach stationery.

The committee unanimously concluded there was no ethical impropriety in the contemplated action and that the names of all partners and associates could be listed on each letterhead, particularly where the personnel of the West Palm Beach office could vary from time to time and members of the Miami office might work temporarily in West Palm Beach. One member suggested it would be preferable to use a letterhead stating the firm's name in the center and the Miami and West Palm Beach addresses in the upper right-hand corner, with a way to indicate to which office a response should be addressed.

Currency note

This opinion was issued in 1965, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct, and well before the U.S. Supreme Court's decision in Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which changed the constitutional landscape for lawyer advertising. The opinion applied former Canon 27 of the Canons of Professional Ethics; firm names and letterhead are now governed by Rule 4-7.21, and related advertising rules appear at Rules 4-7.11 through 4-7.22 of the Rules Regulating The Florida Bar (Model Rule 7.5). The bar's own note points to Rule 4-7.16(a)(3). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a two-office firm list all its lawyers on the letterhead for each office?

A: Yes. The committee unanimously found no impropriety in listing all partners and associates on each office's letterhead, particularly where personnel could vary and lawyers from one office might work temporarily in the other.

Q: Can the stationery show both office addresses?

A: Yes. The committee saw no objection to showing both offices' addresses; one member suggested placing the firm name in the center and both addresses in the corner, with a note on where to direct a response.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics, which addressed how lawyers and firms could hold themselves out to the public. Firm names and letterhead are now governed by Rule 4-7.21, within the advertising rules at Rules 4-7.11 through 4-7.22 of the Rules Regulating The Florida Bar (Model Rule 7.5); the bar's note specifically cites Rule 4-7.16(a)(3).

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; advertising and holding out; see current Rules 4-7.21 and 4-7.16(a)(3)]

See also

• FL Bar Ethics Op. 65-55: Adding a Name to a Firm With a Deceased Partner
• FL Bar Ethics Op. 67-2: Out-of-State Office on Partnership Letterhead
• FL Bar Ethics Op. 00-1: Firm Name and a Retired Of-Counsel Partner

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-65-25/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-65-25-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 65-25
April 30, 1965
Advisory ethics opinions are not binding.
A Florida law firm having active law offices in each of two cities in the state may use stationery that lists all lawyers in the firm and shows the addresses and telephone numbers of both offices. This is especially true where any of the firm's lawyers are likely to be using either office, as necessity or convenience indicates.
Note: Lawyer advertising rules are now in Rules Regulating The Florida Bar 4-7.11 through 4-7.22. See, Rule 4-7.16(a)(3)
Canon: 27
Chairman Smith stated the opinion of the committee:
A Florida law firm has heretofore maintained offices in Miami. A letterhead is used which gives the name and address of the firm and sets forth the names of partners and associates of the firm. Presently this firm also maintains West Palm Beach and, at the present time, the address of the West Palm Beach office also is set forth on the upper right-hand corner of the stationery used by the firm. Thus, the Miami address appears in the most prominent position in the center of the letterhead and the West Palm Beach address appears elsewhere as indicated.
The firm now contemplates the use of stationery, prepared for use in West Palm Beach, which would set forth in the center of the letterhead the West Palm Beach address. The address of the Miami office would appear in the upper right-hand corner. In effect, there would be a simple exchange of the addresses of the firm. In each instance, the names of all partners and associates, whether practicing in Miami or West Palm Beach, would appear on the letterhead.
The question is whether use of stationery as indicated would be proper and, in particular, to know whether there is any impropriety in listing on the stationery to be used in West Palm Beach the names of all partners and associates of the firm.
It is the unanimous opinion of this Committee that there is no ethical impropriety in the action contemplated and that the names of all partners and associates of the firm may be listed on each letterhead particularly when, as is the case here, the personnel of the West Palm Beach office may be varied from time to time and members of the Miami office may be working temporarily in West Palm Beach.
One member of the Committee suggests it would be preferable to use a letterhead which would state the name of the firm in the center of the page and the respective addresses of the Miami and West Palm Beach offices on the upper right-hand corner. Provision could be made for indicating on the stationery to which office a response should be addressed.