Could a Nebraska law firm's name include a partner admitted only in another state?
Apply this to your situation
This page answers the general question as of 1978. Ask about yours and see what the current Nebraska Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A multistate law firm asked whether its Nebraska firm name could include a partner who was not licensed in Nebraska but was licensed and practicing in another state.
Earlier Nebraska Opinion 69-5 and ABA Formal Opinion 318 had prohibited the practice. The committee concluded that former DR 2-102(D), adopted later, changed that result.
The rule permitted the same firm name in each jurisdiction while requiring letterhead and other permissible listings to make clear the jurisdictional limitations of members and associates who were not licensed in every listed jurisdiction.
The committee therefore allowed the interstate firm name on those disclosure conditions and stated that DR 2-102(D) overruled Nebraska Opinion 69-5.
Currency note
This opinion was issued in 1978, before Nebraska's adoption of the 2005 Rules of Professional Conduct. Subsequent firm-name, letterhead, multijurisdictional-practice, licensing-disclosure, and advertising rules or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.
Common questions
Q: Could the firm name include a partner not admitted in Nebraska?
A: Yes, when that partner was licensed and practicing in another state and the required jurisdictional disclosures were made.
Q: Where did the opinion require licensing limitations to appear?
A: In the enumeration of members and associates on letterhead and other permissible listings.
Q: Could the firm use the same name in each jurisdiction?
A: Yes. The cited rule expressly allowed it.
Q: What happened to Nebraska Opinion 69-5?
A: The committee concluded that DR 2-102(D) overruled it.
Background and rules framework
Former DR 2-102(D) governed partnerships among lawyers licensed in different jurisdictions, firm-name continuity, and disclosure of jurisdictional limits.
Citations and references
Former Nebraska Code of Professional Responsibility:
- DR 2-102(D)
Other opinions cited:
- Nebraska Ethics Advisory Opinion 69-5
- ABA Formal Opinion 318
- ABA Informal Opinion 1165
See also
- Florida Ethics Op. 70-55: Interstate partnership letterhead
- Nebraska Ethics Op. 80-10: Not-a-partnership disclaimer
- Nebraska Ethics Op. 12-01: Different-office trade names
Source
- Landing page: Nebraska lawyer ethics opinions archive
- Original PDF: Nebraska Ethics Advisory Opinion 78-4
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Nebraska Ethics Advisory Opinion for Lawyers No. 78-4
THE PARTNERSHIP NAME OF A LAW FIRM COMPOSED OF MEMBERS PRACTICING IN NEBRASKA AND OTHER JURISDICTIONS MAY INCLUDE THE NAME OF A PARTNER NOT LICENSED TO PRACTICE IN NEBRASKA IF THE ENUMERATION OF THE MEMBERS AND ASSOCIATES OF THE FIRM ON ITS LETTERHEAD AND IN OTHER PERMISSIBLE LISTINGS MAKES CLEAR THE JURISDICTIONAL LIMITATIONS ON THOSE MEMBERS AND ASSOCIATES OF THE FIRM NOT LICENSED TO PRACTICE IN ALL LISTED JURISDICTIONS.
FACTS
Inquiry has been made as to whether the name of a law firm practicing in Nebraska may include a partner who is not licensed to practice in this state. The firm has offices in states other than Nebraska and the member in question is licensed to practice and is practicing in one of the other states.
In the inquiry, attention was called to ABA Formal Opinion 318, Nebraska Advisory Opinion 69-5 and DR 2- 102(D) of the Code of Professional Responsibility which became effective in Nebraska subsequent to the issuance of Nebraska Advisory Opinion 69-5.
In Advisory Opinion 69-5, this Committee ruled that the firm name in Nebraska could not include the name of a lawyer not licensed to practice in this state. Reliance was had on ABA Formal Opinion 318. Subsequent to the issuance of ABA Formal Opinion 318, the present Code of Professional Responsibility was adopted by the House of Delegates of the American Bar Association. The Nebraska Supreme Court adopted the Code effective May 1, 1970, subsequent to the issuance of Advisory Opinion 69-5.
DR 2-102(D) of the Code of Professional Responsibility as so adopted provides:
"A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed jurisdictions; however, the same firm name may be used in each jurisdiction."
ABA Informal Opinion 1165 states that the last clause of DR 2-102(D) clearly permits use of a firm name which includes the name of a partner not admitted in the particular jurisdiction. That opinion recognized that DR 2-102(D) overruled ABA Formal Opinion 318 and reflected a change from Canon 33 of the old Canons of Professional Ethics.
In our opinion, DR 2-102(D) also overrules Nebraska Advisory Committee Opinion 69-5.
CONCLUSION
The firm name of a law partnership practicing in Nebraska may include the name of a partner who is not licensed in Nebraska but is licensed to practice and is practicing in another state if the enumeration of the members and associates of the firm on its letterhead and in other permissible listings makes clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed jurisdictions.
Nebraska Ethics Advisory Opinion for Lawyers No. 78-4
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