Can a law firm keep a deceased partner's name in the firm name when it adds a new partner, even though some current lawyers never practiced with the deceased partner?
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This page answers the general question as of 1980. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
Firm "A & B" carried the name of A, who died in 1972; B had joined A's firm in 1965, when the name became A & B. C joined in 1975 and became a partner in 1978, and the firm wished to change its name to "A, B & C" while keeping A's name. The firm asked whether retaining A's name would be misleading or false under the Illinois Code of Professional Responsibility.
The committee concluded that using "A, B & C" would be professionally proper. It noted the ISBA Code had long permitted, in DR 2-102(B), a firm to use or continue to include the name of a deceased or retired member of the firm or a predecessor firm in a continuing line of succession, and that the provision had been read (in ISBA Opinions 427 and 556) to allow a deceased partner's name even for a lawyer who never practiced with the deceased partner, so long as there was historical continuity of the firm name. The 1980 Illinois Code deleted express references to deceased members' names; the Committee Commentary to Rule 2-102 said the deletion was meant to broaden permissible firm names and even to allow trade names. The committee reaffirmed the ISBA's opposition to manufactured trade names and disagreed with equating such trade names with firm names denoting long historical continuity. Relying on EC 2-11, it held it proper to retain in a firm name the name of a deceased lawyer who was a member, where the firm is a bona fide successor, the use is authorized by law or contract, and the public is not misled. The committee suggested the firm take reasonable steps to show the person is actually deceased, such as indicating on stationery the years he practiced (for example, 1943-1972).
Currency note
This opinion was issued in 1980, under the Illinois Code of Professional Responsibility adopted effective July 1, 1980, and before Illinois adopted the 2010 Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in July 2010 as generally consistent with the 2010 Rules (Rule 7.5(a) and its Comment [1], and noting ISBA Ethics Advisory Opinion 84-10), while cautioning that the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a firm keep a deceased partner's name in the firm name?
A: The opinion concluded yes, where the firm is a bona fide successor of a firm in which the deceased lawyer was a member, the use is authorized by law or contract, and the public is not misled.
Q: Does it matter that some current lawyers never practiced with the deceased partner?
A: Per the opinion, no; the committee noted prior opinions allowed a deceased partner's name even for a lawyer who never practiced with him, so long as there is historical continuity of the firm name.
Q: How should the firm signal that the named partner is deceased?
A: The committee suggested reasonable steps such as showing on firm stationery the years the member practiced with the firm (for example, 1943-1972).
Background and rules framework
The opinion applied Illinois Supreme Court Rule 2-102 (firm names), former ISBA Code DR 2-102(B), and EC 2-11. The Board's 2010 affirmation maps the analysis to current Illinois Rule of Professional Conduct 7.5(a) (firm names and letterheads) and its Comment [1], corresponding to ABA Model Rule 7.5.
Citations and references
Rules of Professional Conduct:
- Illinois Supreme Court Rule 2-102; former ISBA Code DR 2-102(B); EC 2-11 (applied in the opinion)
- Illinois RPC 7.5(a) and Comment [1] (2010 equivalent per the Board's affirmation)
- MR 7.5 (firm names and letterheads)
Other opinions cited:
- ISBA Opinions 427 and 556: a deceased partner's name may be used despite no overlap in practice, given historical continuity
- ISBA Ethics Advisory Opinion 84-10 (noted in the Board's affirmation)
See also
- ISBA Ethics Op. 702: Mailed Branch-Office Firm Announcements
- ISBA Ethics Op. 736: Similar Law Firm and Lawyer Names
- ISBA Ethics Op. 749: Advertising a Degree and Field of Concentration
Source
- Landing page: https://www.isba.org/ethics/opinions/709
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