Can a law firm keep a former partner's name in the firm name or on its letterhead after that lawyer takes public office?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current Montana Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee was asked whether a public attorney's name may be used on a firm's letterhead or in its partnership name when the attorney worked for the partnership before taking a public appointment. It answered no.
The committee applied Model Rule 7.5(c), which provides that the name of a lawyer holding public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. Because the attorney was no longer actively and regularly practicing with the partnership during the public appointment, the committee concluded the attorney's name may not be included in the partnership's name or on its letterhead.
Currency note
This opinion was issued in 1986, before the State Bar of Montana's adoption of the 2004 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a firm keep a partner's name in the firm name after that partner takes public office?
A: No. The opinion concludes that under Rule 7.5(c) the name of a lawyer holding public office may not be used in the firm name during any substantial period when the lawyer is not actively and regularly practicing with the firm.
Q: Does the rule reach the firm's letterhead and other communications?
A: Yes. The opinion applies the rule to both the partnership name and the letterhead, tracking Rule 7.5(c)'s reference to the firm name and to communications on the firm's behalf.
Background and rules framework
The opinion interprets Montana's adoption of Model Rule 7.5(c) (Firm Names and Letterheads), which restricts use of the name of a lawyer holding public office while that lawyer is not actively and regularly practicing with the firm.
Citations and references
Rules of Professional Conduct:
- Mont. R. Prof. Cond. 7.5(c) (name of a lawyer holding public office) / Model Rule 7.5(c)
See also
- State Bar of Montana Ethics Op. 900308: Professional Corporation Letterheads and Office Sharing
- ABA Formal Op. 90-357: Use of the "Of Counsel" Designation
Source
- Landing page: https://www.montanabar.org/For-Attorneys/State-Bar-Resources/Ethics-Opinions
- Original PDF: https://www.montanabar.org/Portals/MONTANA/861126.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED: May a public attorney's name be used on a letterhead or partnership name when the public attorney used to work for the partnership prior to public appointment?
ANSWER: No.
ANALYSIS: Model Rule 7.5(c) provides:
The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. Therefore, the public attorney's name may not be included with the partnership's name or letterhead.
THIS OPINION IS ADVISORY ONLY
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