Does a North Carolina lawyer have to register a law firm website URL with the State Bar as a trade name if the URL is different from the firm's name?

Plain-English summary

A lawyer setting up a website wants to use a URL different from his firm's name and asks whether he must register the URL with the State Bar as a trade name.

The opinion concludes yes. Rule 7.5(a) lets a private-practice lawyer use a trade name that does not imply a connection with a government agency or a public or charitable legal services organization and is not false or misleading under Rule 7.1, and it requires every trade name used by a firm to be registered with the State Bar for a determination of whether it is misleading. The opinion reasons that a trade name is any designation adopted and used to identify the lawyer, the firm, or its services, and that comment [1] to the rule expressly contemplates that a firm may be designated by a distinctive website address. Accordingly, if a URL for a firm's website is more than a minor variation on the firm's official name, it must be registered under Rule 7.5(a) and is subject to the conditions and limitations in comment [1].

In practice

Under the North Carolina rules as they stood at the time of the opinion, the analysis turns on whether the URL functions as a separate identifier. The opinion holds that a website URL that is more than a minor variation on the firm's official name is a trade name requiring registration with the State Bar.

Per the opinion, registration triggers the State Bar's review of whether the name is misleading; a URL that merely restates the firm's official name with minor variation does not require separate registration.

Common questions

Q: Is a law firm's website URL a trade name?

A: Yes. The opinion concludes a URL is a designation used to identify the firm or its services, and comment [1] to Rule 7.5 treats a distinctive website address as a trade name.

Q: When must a firm register its website URL with the State Bar?

A: When the URL is more than a minor variation on the firm's official name. The opinion concludes such a URL must be registered under Rule 7.5(a).

Q: What does registration accomplish?

A: The opinion concludes registration lets the State Bar determine whether the trade name is misleading, consistent with Rule 7.1.

Background and rules framework

The opinion interprets Rule 7.5(a) (firm names and trade names, corresponding to Model Rule 7.5) together with Rule 7.1 (misleading communications, corresponding to Model Rule 7.1). It relies on comment [1] to Rule 7.5, which contemplates designation by a distinctive website address. The follow-on opinion 2005 FEO 14 addresses whether such a URL must itself identify the site as a law firm's.

Citations and references

Rules of Professional Conduct:

• MR 7.5 / NC Rule 7.5(a) (firm names and trade names; registration; cmt [1])
• MR 7.1 / NC Rule 7.1 (false or misleading communications)

See also

• NC State Bar 2005 FEO 14: Identifying Information in a Law Firm Website URL
• NC State Bar 2006 FEO 20: Departed Lawyer's Surname in Firm Name
• ABA Formal Op. 90-357: Use of "Of Counsel" Designation

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/2005-formal-ethics-opinion-8/

Original opinion text

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

Inquiry:

Rule 7.5(a) provides as follows:

A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not false or misleading in violation of Rule 7.1. Every trade name used by a law firm shall be registered with the North Carolina State Bar for a determination of whether the name is misleading.1

Attorney V is setting up a website and would like to use a Uniform Resource Locator (URL) for the website that is not the same as the name of his law firm. Does Attorney V have to register the URL with the State Bar as a trade name?

Opinion:

Yes. A trade name is any designation adopted and used by a lawyer or a law firm to identify the lawyer, the firm, or the services rendered by the lawyer or firm. The comment to the rule clearly contemplates that a URL may be a trade name for a firm. As noted in Comment [1] of the rule, "[a] lawyer or law firm may also be designated by a distinctive website address or comparable professional designation." Therefore, if a URL for a law firm's website is more than a minor variation on the official name of the firm, it must be registered with the State Bar in accordance with Rule 7.5(a) and the conditions and limitations on registration set forth in Comment [1].

End Notes

• To register a trade name, a lawyer must complete and submit an Application for Trade Name Registration to the State Bar. This form can be found on the State Bar website at www.ncstatebar.org. (Click "Forms" on the home page menu.) There is no fee for applying. The application will be reviewed to determine whether the requested trade name is misleading. If the name is approved and registered, the lawyer will receive a certificate of registration.