Could a Nebraska law firm continue using a deceased partner's name in its firm name and letterhead?

Plain-English summary

A lawyer asked whether Nebraska statute, local custom, or another restriction barred a firm from retaining a deceased former partner's name on its letterhead.

Former Canon 33 and ABA opinions had permitted continued use when local custom allowed it and the firm avoided imposition or deception. The former Code carried that treatment forward in DR 2-102(A)(4) and DR 2-102(B), which allowed references to deceased members and their names in a continuing firm succession when otherwise lawful.

The committee knew of no Nebraska statute or local custom prohibiting the practice. It therefore approved continued use so long as the public was not led to believe that the deceased partner remained alive and active in the firm.

Currency note

This opinion was issued in 1972, before Nebraska's adoption of the 2005 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: What was the principal ethical condition?

A: The continued name could not mislead the public into believing the deceased partner remained alive and active in the firm.

Q: Did the committee identify a Nebraska statutory prohibition?

A: No. It was not aware of one or of a contrary local custom.

Q: Did the former Code expressly address deceased members?

A: Yes. DR 2-102(A)(4) allowed names and dates relating to deceased members, and DR 2-102(B) addressed continued firm-name use.

Background and rules framework

Former DR 2-102(A)(4) and DR 2-102(B) governed letterhead and continued use of names from deceased, retired, and predecessor-firm members. Former Canon 33 and ABA opinions supplied the no-deception and local-custom conditions.

Citations and references

Former Nebraska Code of Professional Responsibility:

• DR 2-102(A)(4)
• DR 2-102(B)
• Former Canon 33

Other opinions cited:

• ABA Formal Opinion 6
• ABA Formal Opinion 208 (1940)
• ABA Informal Opinion 959 (1966)

See also

• Nebraska Ethics Op. 72-15: Retired partner's firm name
• Nebraska Ethics Op. 73-11: Office sharers' firm name
• Nebraska Ethics Op. 77-3: Different firm names at multiple offices

Source

• Landing page: Nebraska lawyer ethics opinions archive
• Original PDF: Nebraska Ethics Advisory Opinion 72-6

Original opinion text

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

Nebraska Ethics Advisory Opinion for Lawyers No. 72-6

THE INQUIRING ATTORNEY CITES DR 2-102 (A) (4) AND DR 2-102 (B) OF THE CODE OF PROFESSIONAL RESPONSIBILITY AND INFORMAL OPINION 959 OF THE ABA COMMITTEE ON PROFESSIONAL ETHICS AND INQUIRES WHETHER STATUTORY OR LOCAL CUSTOM OR OTHER LIMITATIONS IN THE STATE OF NEBRASKA PROHIBIT THE USE OF THE NAME OF A DECEASED FORMER PARTNER IN THE FIRM'S LETTERHEAD.

Reference to provisions of Canon 33 of the Canon of Professional Ethics reveals this language.

"The continued use of the name of a deceased or former partner when permissible by local custom, is not unethical, but care should be taken that no imposition or deception is practiced through this use."

The ABA Committee on Professional Ethics has interpreted the foregoing excerpt from Canon 33 in both formal and informal opinions. In Formal Opinion 6 the Committee said:

"A law firm may continue to include in its name the name of a deceased partner if the local custom is to do so and if such practice does not result in misleading the public to believe that the deceased partner is still alive and is still a factor in the business of the firm."

To the same effect was the ruling of the Committee in Formal Opinion 208 issued November 23, 1940. Thus it is evident that prior to the adoption of the new Code of Professional Responsibility, a law firm may continue to include in its name that of a deceased partner.

The inquirer cites DR 2-102 (A) (4) and DR 2-102 (B) of the Code of Professional Responsibility, and ABA Informal Opinion 959 issued November 25, 1966. DR 2- 102 (A) (4) states, in part:

"..The letterhead of a law firm may also give the names of members and associates and names and dates relating to deceased and retiring members."..

DR 2-102 (B) contains this language:

"..and if otherwise lawful a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession."

Formal Opinion 959 of the ABA Committee on Professional Ethics was issued November 25, 1966. In that opinion the following language from Canon 33 is quoted:

"The continued use of the name of a deceased or former partner, when permissible by local custom, is not unethical, but care should be taken that no imposition or deception is practiced through the use."

We are not aware of any statutory prohibition or local custom in Nebraska which prohibits the use of the name of a deceased partner on the firm's letterhead provided such use does not mislead the public.

Nebraska Ethics Advisory Opinion for Lawyers No. 72-6