Ezel / Ethics Opinions / NYSBA
NYSBA October 21, 2016

Can a private New York law firm call itself 'Jane Doe Legal Services, PLLC'?

Short answer: No. The opinion concludes that 'legal services' is too 'like' the terms reserved for qualified legal assistance organizations under Rule 7.5(b), and the legal-clinic safe harbor does not extend to it, so a private firm may not use that name.

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This page answers the general question as of 2016. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2016
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Plain-English summary

A lawyer forming a new firm wanted to call it "Jane Doe Legal Services, PLLC," combining her name with the phrase "Legal Services."

The opinion applies Rule 7.5(b), which provides that terms such as "legal clinic," "legal aid," "legal service office," "legal assistance office," "defender office" and the like may be used only by qualified legal assistance organizations, except that "legal clinic" may be used by any firm if a participating lawyer's name is incorporated (¶ 3). The committee concluded that "legal services" is "almost identical" to "legal service office," and that the term is in fact often used by qualified legal assistance organizations (for example, "Bronx Legal Services," "Legal Services of Central New York"), so using it in a firm name is likely to make the public think the firm is a legal assistance organization, which is exactly the confusion Rule 7.5(b) exists to prevent (¶ 4).

The committee also rejected the idea that joining "legal services" with the lawyer's name saves it. The rule extends its name safe harbor only to "legal clinic," not to the other reserved terms, and legal assistance organizations themselves sometimes pair a reserved term with an individual's name (for example, "Hiscock Legal Aid Society"), so the confusion risk remains (¶ 5). The opinion clarified that nothing prevents a lawyer from stating, outside the firm name, that the lawyer renders legal services (¶ 6). A footnote acknowledged that trade-name restrictions may raise constitutional questions but noted Rule 7.5(b) had not been struck down, treating that as a question of law beyond the committee's jurisdiction (¶ 5 n.1).

In practice

Under Rule 7.5(b) as it stood at the time of the opinion, the analysis turned on whether the proposed name uses a term "like" those reserved for qualified legal assistance organizations. The committee found "legal services" is essentially the reserved term "legal service office," so a private firm may not use it, and adding the lawyer's own name does not cure the problem because the safe harbor applies only to "legal clinic." A lawyer may still describe, outside the firm name itself, that the lawyer provides legal services.

Common questions

Q: Can a private firm use "Legal Services" in its name in New York?

A: No. The opinion concludes "legal services" is reserved by Rule 7.5(b) for qualified legal assistance organizations because it is too like "legal service office" (¶ 4).

Q: Does adding the lawyer's own name fix it?

A: No. The name safe harbor in Rule 7.5(b) applies only to "legal clinic," not to the other reserved terms, so pairing "legal services" with a name does not save it (¶ 5).

Q: Can a lawyer still say the firm provides "legal services" at all?

A: Yes, outside the firm name. The opinion says nothing prevents a lawyer from indicating, other than as part of the firm name, that the lawyer renders legal services (¶ 6).

Background and rules framework

The opinion interprets New York Rule 7.5(b) (firm names and letterhead; ABA Model Rule 7.5, since restructured under Model Rule 7.1). Rule 7.5(b) reserves terms associated with legal assistance organizations ("legal aid," "legal service office," "defender office," and the like) for qualified legal assistance organizations, with a narrow "legal clinic" exception for private firms that include a participating lawyer's name.

Citations and references

Rules of Professional Conduct:

  • MR 7.5 / NY RPC 7.5(b) (firm names)

Cases:

  • Friedman v. Rogers, 440 U.S. 1 (1979), and Alexander v. Cahill, 598 F.3d 79 (2d Cir. 2010), on trade-name restrictions (cited for the constitutional backdrop)

Other opinions cited:

  • N.Y. State 869 (2011): "Smith Law Firm" does not violate Rule 7.5
  • N.Y. State 732 (2000): "The [Attorney Name] Group" does not violate Rule 7.5

See also

Source

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