Can a firm keep a partner's name in the firm name and letterhead while he is on an 18-month leave to work for a government agency?

Plain-English summary

Partner C in the firm of A, B, and C was on a professional leave of absence to work as a staff attorney in an administrative branch of state government. The leave would last up to a year and a half, after which C was expected to return. The remaining partners asked whether they could keep the present firm name if C's name was removed from the door and the letterhead was annotated to show the leave of absence.

The committee found that EC 2-12 and DR 2-102(B) prohibited continued use of partner C's name, either in the firm name or on the letterhead. The stated facts clearly indicated that C would not actively continue to practice with the firm during the period of absence.

Currency note

This opinion was issued in 1972, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied EC 2-12 and DR 2-102(B) of the former Code of Professional Responsibility; the opinion notes the current rule on firm names and letterheads is Rule 4-7.21. Treat this page as historical context, not current guidance. Verify against current Rule 4-7.21 before relying on any specific requirement mentioned here.

Common questions

Q: Could the firm keep the absent partner's name in the firm name?

A: Under this opinion, no. The committee held that EC 2-12 and DR 2-102(B) prohibited continued use of the partner's name in the firm name or on the letterhead while he was on leave.

Q: Did annotating the letterhead to show the leave of absence cure the problem?

A: No. The committee found the partner would not actively continue to practice with the firm during the absence, so his name had to be removed rather than merely annotated.

Background and rules framework

The opinion applied EC 2-12 and DR 2-102(B) of the former Code of Professional Responsibility, governing the names that may appear in a firm name and on letterhead. In current Florida practice the regulation of firm names and letterheads is in Rule 4-7.21; the Model Rule analogues are Rules 7.1 and 7.5.

Citations and references

Rules of Professional Conduct:

• CPR EC 2-12; DR 2-102(B) (firm names and letterheads)

See also

• FL Bar Ethics Op. 72-39: Adding a Partner While Keeping a Deceased Partner's Name
• FL Bar Ethics Op. 76-42: Letterhead With Deceased Partners and a Former Firm Name
• FL Bar Ethics Op. 72-29: A Non-Florida Lawyer "Of Counsel" on the Letterhead

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-72-18/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-72-18-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 72-18
May 16, 1972
Advisory ethics opinions are not binding.
The name of a partner who is on 18 months' leave of absence to work as a staff attorney for a government agency must be removed from the law firm's name and letterhead.
CPR: EC 2-12; DR 2-102(B) [See current 4-7.21]
Chairman Clarkson stated the opinion of the committee:
Partner C in the law firm of A, B, and C is presently on a professional leave of absence from the firm for the purpose of working as a staff attorney in one of the administrative branches of state government. The leave of absence will extend for up to a year and a half, at the end of which time the partner is expected to return to the firm. The remaining partners ask whether they may continue the present firm name if partner C's name is removed from the door and the letterhead is annotated to show the leave of absence.
We find that EC 2-12 and DR 2-102(B), CPR, prohibit continued use of partner C's name, either in the firm name or on the letterhead. The facts stated above clearly indicate that partner C will not actively continue practice with the firm during the period of absence.