Could a sole remaining lawyer keep a firm name shared with a deceased and departed lawyer?

Short answer The opinion said yes to retaining the stated firm name while identifying the deceased member as deceased on letterhead.

Bar

MOLEC

Issued

1994

Apply this to your situation

This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A firm called Lastname & Lastname had included several lawyers with the same surname. One had died and another had left, making the asking lawyer its only remaining attorney.

The opinion answered yes to continuing that name and showing the deceased member as deceased on letterhead. It gave no further conditions or rule citation.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Could the lawyer keep the stated firm name?

A: Yes, with the deceased member identified as deceased on letterhead as described in the question.

Q: How many lawyers remained in the firm?

A: One, according to the stated facts.

Background and rules framework

The opinion addressed continued use of a shared-surname firm name after one member died and another departed. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940056/

Original opinion text

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

QUESTION: Attorney is in a firm which has had several members with the same last name. The firm name has been Lastname & Lastname. One of the other members is deceased and another has left the firm. Attorney is now the only attorney in the firm. May Attorney continue to use this firm name and show the deceased member as deceased on the letterhead?

ANSWER: Yes.

What do the rules say today, for your facts?

This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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