Can a Mississippi law firm run a branch office under a trade name like 'Bankruptcy Law Center of Attorney A' that omits the firm name and other lawyers?

Plain-English summary

The Committee addressed a law firm that wanted to open a branch office in a city outside its home county, concentrating on bankruptcy practice, and to use the name "Bankruptcy Law Center of Attorney A" in place of the firm name.

The opinion applied Rule 7.7, which bars a lawyer from using a firm name, letterhead, or professional designation that contains a false, deceptive, or misleading communication, and Rule 7.7(b), which provides that a lawyer in private practice shall not practice under a trade name or a name that is misleading as to the identity of the lawyer or lawyers practicing under that name. The opinion concluded the proposed name was potentially misleading because it contained no reference to the firm name or the other lawyers practicing under it.

The opinion noted that although Rule 7.2(d) requires an advertisement to include the name of at least one lawyer responsible for its content, that requirement does not override the Bar's strong policy against advertising that could deceive or mislead the public. A communication may be misleading if it omits a fact necessary to make the statement not materially misleading. On the facts, the opinion concluded the public would be potentially misled as to the correct identity of the lawyers practicing under the proposed name.

In practice

Under this opinion, a Mississippi firm may not operate or advertise a branch office under a trade name that omits the firm name and the other lawyers practicing there, because such a name is potentially misleading as to the identity of those lawyers (Rule 7.7(b)). The opinion holds that complying with Rule 7.2(d)'s requirement to name a responsible lawyer does not cure a name that is otherwise misleading.

Common questions

Q: Can a firm open a branch office under a trade name like "Bankruptcy Law Center of Attorney A"?

A: The opinion concluded that name is potentially misleading under Rule 7.7(b) because it omits the firm name and the other lawyers practicing under it, so the firm may not operate or advertise the branch under it.

Q: Does naming one responsible lawyer in the ad fix the problem?

A: Per the opinion, no. Rule 7.2(d) requires naming at least one responsible lawyer, but that does not override the policy against names that could deceive or mislead the public.

Q: Why is omitting the other lawyers' names misleading?

A: The opinion states a communication may be misleading if it omits a fact necessary to make the statement not materially misleading; here the omission left the public potentially misled as to who actually practices under the name.

Background and rules framework

The opinion interprets Mississippi Rules of Professional Conduct 7.7 and 7.7(b) (firm names, trade names, and misleading designations) and 7.2(d) (identifying a responsible lawyer in advertising). The trade-name and misleading-communication concepts correspond to Model Rules 7.5 and 7.1.

Citations and references

Rules of Professional Conduct (Mississippi; cf. Model Rules):

• MRPC 7.7 (firm names and professional designations; false or misleading communications) (cf. Model Rules 7.5, 7.1)
• MRPC 7.7(b) (trade names and names misleading as to identity)
• MRPC 7.2(d) (lawyer responsible for advertising content) (cf. Model Rule 7.2)

See also

• MS Bar Ethics Op. 198: 'Of Counsel' on Letterhead
• MS Bar Ethics Op. 232: Soliciting Through a Corporation
• MS Bar Ethics Op. 264: Lead Generator Using Another Lawyer's Name

Source

• Landing page: https://www.msbar.org/ethics-discipline/ethics-opinions/formal-opinions/191/
• Original PDF: https://www.msbar.org/media/1055/et_op_191-amended.pdf

Original opinion text

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

ETHICS OPINION NO. 191

OF THE MISSISSIPPI BAR

RENDERED September 20, 1991

AMENDED April 06, 2013

ADVERTISING; FIRM NAMES AND LETTERHEADS: A law firm may not operate or advertise a branch office under a name that is misleading as to the identities of the lawyers practicing under the name.

The Ethics Committee of The Mississippi Bar has been asked to render an informal advisory opinion on the following facts:

A law firm desires to open a branch office in a city outside its home county. The branch office would concentrate on bankruptcy practice and would use the name "Bankruptcy Law Center of Attorney A" in place of the firm name.

Rule 7.7 of the Mississippi Rules of Professional Conduct provides that a lawyer shall not use a firm name, letterhead or other professional designation which contains a false, deceptive or misleading communication about the lawyer or lawyer's services. Specifically, a lawyer in private practice shall not practice under a trade name or a name that is misleading as to the identity of that lawyer or lawyers practicing under such name. Rule 7.7(b), MRPC. Here, the Committee is of the opinion that the proposed name is potentially misleading as there is no reference to firm name or the other lawyers practicing under the proposed name. Although Rule 7.2(d) requires that an advertisement include the name of at least one lawyer responsible for its content, this does not override the strong policy of the Bar that lawyer advertising should not contain statements that possibly could deceive or mislead the public. A communication may be misleading if it omits a fact necessary to make the statement not materially misleading. Under the facts presented, the Committee is of the opinion that the public would be potentially mislead as to the correct identity of the lawyers practicing under the proposed name.