May a New Jersey lawyer practice under, and use on her letterhead, the name of her out-of-state firm that also has a New Jersey office?

Plain-English summary

The inquirer, a New Jersey attorney, was an associate of a New York firm, "A and B." She originally asked whether she could practice in New Jersey under the firm's name and use that name on her letterhead with her name listed as an associate. The Committee was later informed that the firm was about to take in as a partner an attorney admitted in both New York and New Jersey, who maintained a New Jersey office and presumably would be in charge of the inquirer's office.

The Committee noted that when the question was first posed, the Disciplinary Rules then in force would have constrained it to answer in the negative. Effective January 16, 1984, however, the Disciplinary Rules on advertising were substantially amended, and DR 2-105(B) now provided that a law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, subject to the conditions and requirements set forth in the Rule. The Committee concluded that so long as the inquirer complied with all of the Rule's provisions, the proposed use of the firm name was not improper, adding that the letterhead must in any event clearly indicate, to the eyes of an unsophisticated member of the public, the name of the licensed New Jersey attorney responsible for the firm's New Jersey practice or local office.

Currency note

This opinion was issued in 1984, before New Jersey's adoption of the 2004 revisions to the Rules of Professional Conduct, and it applies the then-newly-amended DR 2-105(B), the firm-name rule now found in RPC 7.5. 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 Treat this page as historical context, not current guidance.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: Could a multi-state firm use its out-of-state name on its New Jersey office?

A: Yes. The opinion concluded that under the amended DR 2-105(B), a firm with offices in more than one jurisdiction may use the same name in each, subject to the rule's conditions.

Q: What did the letterhead have to show?

A: Per the opinion, the letterhead had to clearly indicate, to an unsophisticated member of the public, the New Jersey-licensed attorney responsible for the firm's New Jersey practice or local office.

Q: Would the answer have been the same before 1984?

A: No. The opinion noted that under the Disciplinary Rules in force before the January 16, 1984 amendments, the Committee would have been constrained to answer the question in the negative.

Background and rules framework

The opinion applies the firm-name rule, then DR 2-105(B) as amended effective January 16, 1984 and now RPC 7.5 (firm names and letterheads), to a multi-jurisdictional practice. The amendment permitted a firm with offices in more than one jurisdiction to use the same name in each, conditioned on disclosures including identification of the locally responsible attorney.

Citations and references

Rules of Professional Conduct:

• MR 7.5 / NJ RPC 7.5 (firm names and letterheads; formerly DR 2-105(B))

See also

• NJ ACPE Op. 558: Interstate Partnership Letterhead and NJ-Resident Partners
• NJ ACPE Op. 593: Limitations on Firm Names - Employees and In-House Counsel
• NJ ACPE Op. 681: Affiliation With a Foreign Law Firm Based in Part on Referrals
• NJ ACPE Op. 637: Division of Fees - Partnership With Out-of-State Attorneys

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp533-1.html
• Issuing authority: New Jersey Supreme Court Advisory Committee on Professional Ethics, via the NJ Courts Supreme Court Committees page

Original opinion text

Reproduced from a full-text mirror of the official opinion for research purposes. The linked official source controls.

114 N.J.L.J. 1, July 5, 1984

OPINION 533

Firm Name - Multi-Jurisdictional Practice

The inquirer, a New Jersey attorney, is an associate of A and B, a New York law firm. Originally the inquiry was directed to the question of whether she might practice in New Jersey under the name of A and B and use its name on her letterhead with her name as an associate. Subsequently, we were informed that the firm was about to accept as a partner an attorney, admitted both in New York and New Jersey, who currently maintains an office in New Jersey and presumably would be in charge of the inquirer's office.

When the question was originally posed to us, it was clear that under the Disciplinary Rules then in force we would have been constrained to answer the question in the negative. Effective January 16, 1984, however, the Disciplinary Rules dealing with various forms of advertising were substantially amended. DR 2-105(B) now provides that a law firm with offices in more than one jurisdiction may use the same name in each jurisdiction subject, however, to the conditions and requirements set forth therein. So long as the inquirer complies with all of the provisions of that Rule, the proposed use of the firm name is not improper. The letterhead, in any event, must clearly indicate to the eyes of an unsophisticated member of the public the name of the licensed New Jersey attorney who is responsible for the firm's New Jersey practice or the local office thereof.