Could a lawyer continue using a maiden name professionally after changing the legal surname used personally?

Plain-English summary

A recently married lawyer asked whether a maiden name could remain in professional use while a different legal surname was used in personal business.

The opinion found no violation of Supreme Court Rule 4. It said the lawyer should confirm that the professional name was provided to the Missouri Bar, Supreme Court Clerk, and Office of Chief Disciplinary Counsel.

Currency note

This opinion was issued in 1998, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Did the opinion require the professional and personal names to match?

A: No. It allowed the described different uses.

Q: Which records did the answer mention?

A: The bar, Supreme Court Clerk, and disciplinary counsel records.

Background and rules framework

The answer referred to Supreme Court Rule 4 generally without a numbered subsection.

See also

• Missouri Informal Op. 980185: Absent Lawyer Firm Name

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/980184/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney recently got married. Attorney would like to continue to practice law under Attorney´s maiden name, while conducting personal business under Attorney´s legal surname. Would this be permissible under the Rules of Professional Conduct?
ANSWER: Attorney will not violate any provision of Supreme Court Rule 4, the Rules of Professional Conduct, by continuing to use Attorney´s maiden name for professional purposes while using Attorney´s legal surname for personal matters. Attorney should ascertain that the correct name, used for professional purposes, has been provided to the Missouri Bar, the Missouri Supreme Court Clerk and the Office of Chief Disciplinary Counsel.