Could a lawyer's professional corporation use only its trade name on letterhead while using both names in advertising?

Short answer The opinion said Rule 4-7.1 required both the trade name and professional-corporation name on letterhead as well as advertising.

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 lawyer planned to register a fictitious trade name for a professional corporation, use both names in advertising, and use only the trade name on letterhead.

The opinion said both the trade name and corporation name had to appear on letterhead as well as advertising to avoid violating Rule 4-7.1.

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 letterhead display only the trade name?

A: No, under the opinion.

Q: Where did both names have to appear?

A: On letterhead and in advertising.

Background and rules framework

The opinion applied Missouri Rule 4-7.1 to the names used by a professional corporation with a registered fictitious trade name.

Citations and references

Rules of Professional Conduct:

Missouri Rule 4-7.1

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940156/

Original opinion text

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

QUESTION: Attorney has a professional corporation. Attorney will register a fictitious trade name for the professional corporation. Attorney wants to use both names in advertising and only the trade name on letterhead. ANSWER: In order to avoid violating Rule 4–7.1, Attorney would have to use the trade name and the professional corporation name on letterhead as well as in advertising.

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