Ezel / Ethics Opinions / MOLEC

Could a solo lawyer continue using another lawyer’s firm name after that lawyer left private practice?

Short answer No. The opinion said the firm could not use “Pat Doe Law Firm” while Pat Doe was no longer part of the practice.
Bar
MOLEC
Issued
1998

Apply this to your situation

This page answers the general question as of 1998. 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 solo lawyer moved into a colleague’s office after that colleague took a government position and stopped practicing. They wanted the new practice to keep using the colleague’s firm name.

The opinion said the name could not be used while the colleague was no longer part of the practice.

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: Could the new lawyer retain the colleague’s name?

A: No, while that colleague was not part of the practice.

Q: Did the question say the colleague had stopped practicing?

A: Yes. The colleague had taken a government position.

Background and rules framework

The published answer addressed the firm name without citing a numbered rule.

See also

Source

Original opinion text

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

QUESTION: Attorney has practiced as a sole practitioner for the last year using only Attorney´s name. Attorney has a colleague, “Pat Doe´, who is also a solo practitioner, but uses the firm name the Pat Doe Law Firm. The colleague has taken another position with a government entity and can no longer practice law. Attorney has started working out of the colleague´s office and they would like to continue using Pat Doe Law firm. May Attorney continue to use the firm name in spite of the absence of the colleague from the practice at this point?
ANSWER: Attorney may not continue to use the name Pat Doe Law Firm while Pat Doe is not a part of the practice.

What do the rules say today, for your facts?

This opinion is from 1998. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace