May a Missouri law firm keep a retired, unaffiliated lawyer's name in the firm name?

Plain-English summary

The lawyer had retired from a firm whose name included the lawyer's name and no longer participated in or maintained any affiliation with the firm.

Rule 4-7.5 generally prevents the firm from continuing to identify itself with that retired lawyer's name. Comment [1] supplies a narrow exception when the name has become sufficiently well known to be considered a trade name.

Any continued name must also satisfy Rule 4-7.1's prohibition on false or misleading communications and comply with substantive law.

In practice

Under this opinion, retirement and the end of affiliation ordinarily require removal of the lawyer's name. The trade-name exception depends on how well known the name has become and does not displace the separate false-or-misleading standard.

Common questions

Q: May the firm keep the name merely because the lawyer retired?

A: No. The opinion's general rule is removal when the retired lawyer no longer participates or is affiliated.

Q: What exception does Rule 4-7.5 recognize?

A: Continued use when the retired lawyer's name is so well known that it is considered a trade name.

Q: Does the trade-name exception end the analysis?

A: No. Rule 4-7.1 still requires the firm name not to be false or misleading.

Q: Does other law still apply?

A: Yes. The opinion states that the name must comply with substantive law.

Background and rules framework

Missouri Rule 4-7.5 and Comment [1] govern use of a retired lawyer's name and the trade-name exception. Rule 4-7.1 provides the separate prohibition on false or misleading firm names.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.5 and Comment [1] (firm names and retired lawyers)
• Missouri Rule 4-7.1 (false or misleading communications)

Other opinions cited:

• Missouri Informal Opinions 980185, 950138, 20000057, 20000231, 20010065, and 960108

See also

• Washington Op. 1215: Association Logo on Letterhead
• North Dakota Op. 15-03: Trust Ownership of Law-Firm Stock
• Georgia Formal Advisory Op. 16-3: Firm Names and Associates

Source

• Landing page: Missouri Informal Opinion 2024-01

Original opinion text

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

Question: Lawyer is retired from a law firm in which Lawyer’s name is included in the name of the law firm. Lawyer is no longer participating in, or affiliated with, the law firm. May law firm continue to use Lawyer’s name in the name of the law firm?

Answer: Pursuant to Rule 4–7.5, the name of a retired lawyer who is no longer participating in, or affiliated with, the law firm may not be used to identify that law firm unless the name has become so well known that it is considered to be a trade name. See Rule 4–7.5, Comment [1], Missouri Informal Opinions 980185, 950138, 20000057, 20000231, 20010065, and 960108. A law firm name may not be false and misleading per Rule 4–7.1 and must comply with substantive law.