Can a Kentucky firm add to its letterhead the name of a deceased relative, or a retired or disabled lawyer, who never practiced with the firm?

Plain-English summary

The Committee was asked whether a firm could add to its letterhead the name of a deceased relative who never practiced with the firm, or the name of a retired or disabled lawyer who never practiced with the firm. It answered "No."

The opinion concluded that, to the extent the question concerned taking over another lawyer's practice, it had already been answered in KBA E-83 (1974). On the question of adding the names of lawyer relatives, it relied on ABA Informal Opinion C-730, which had answered that question in the negative as misleading. Citing more recent opinions from other jurisdictions reaching the same result, together with the plain language of the Code, the Committee answered in the negative.

Currency note

This opinion was issued in 1987 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. The opinion's own header now directs readers to current Rules 7.01-7.50 and the Attorneys' Advertising Commission Regulations. 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 Treat this page as historical context, not current guidance.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 rule, deadline, or requirement mentioned here.

Common questions

Q: Can a firm honor a deceased relative by adding the name to the letterhead?

A: Not if the relative never practiced with the firm. The opinion concluded that doing so is misleading and impermissible, following ABA Informal Opinion C-730.

Q: Does it matter that the named lawyer is retired or disabled rather than deceased?

A: No. The opinion answered the question in the negative for a retired or disabled lawyer, as well as a deceased relative, where that person never practiced with the firm.

Q: Did the committee approve adding a deceased lawyer's name after taking over that lawyer's practice?

A: No. The opinion says KBA E-83 addressed taking over another lawyer's practice and cites Alabama and Kansas opinions on that subject as reaching the same negative result. It gives no permission for that situation.

Background and rules framework

The opinion interprets DR 2-102 of the former Code of Professional Responsibility, which governs professional notices, letterheads, and firm names and bars misleading designations. The modern analog is Model Rule 7.5 on firm names and letterheads (since folded into Model Rule 7.1's general bar on false or misleading communications). The opinion treats naming a lawyer who never practiced with the firm as a misleading communication.

Citations and references

Rules of Professional Conduct:

• DR 2-102 (former Code; firm names and letterheads)
• MR 7.5 (firm names and letterheads)

Other opinions cited:

• KBA Op. E-83 (1974); ABA Informal Op. C-730 (1963); Alabama Op. 85-94 (1985); Kansas Op. 83-40 (1983); Illinois Op. 84-10 (1984)

See also

• ABA Formal Op. 90-357: The 'Of Counsel' Designation
• ABA Formal Op. 94-388: Relationships Among Law Firms
• KBA Ethics Op. E-334: Talking Yellow Pages

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-319.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-319
Issued: June 1987

This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), especially Rules 7.01-7.50 and the Attorneys' Advertising Commission Regulations, before relying on this opinion.

Question:

May a firm add to its letterhead the name of a deceased relative who has never practiced with the firm, or the name of a retired or disabled lawyer who has never practiced with the firm?

Answer:

No.

References:

DR 2-102; KBA Op. E-83 11974); Alabama Op. 85-94 (1985) (name of deceased lawyer after taking over practice); Kansas Op. 83-40 (1983) (same); Illinois Op. 84-10(1984); ABA Informal Op. C-730(1963) (misleading to add name of relative with whom lawyer never practiced). OPINION

Insofar as the question relates to "taking over another lawyer's practice", it was answered in KBA E-83 (1974). The question of adding the names of lawyer relatives was answered in the negative in ABA Informal Opinion C-730. In light of the more recent opinions from other jurisdictions reaching the same result, as well as the plain language of the Code, we answer the questions in the negative.
____
Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.