Can a lawyer use an English translation of their own surname as the firm's name?

Plain-English summary

A solo practitioner, admitted and listed on the official roll of attorneys under a surname the inquirer considered hard for English-speaking clients, wanted to adopt an English translation of that surname as the firm name while still identifying the lawyer by the real name. The illustrative example: if the lawyer appears on the roll as "Yohan Schmidt" (translating to John Smith), the firm would be "The Smith Law Office with Attorney Yohan Schmidt."

The committee answered no under the version of Rule 7.5(b) then in force, which barred a private-practice lawyer from using a trade name, a misleading name, or a firm name containing names other than the lawyers' names. Citing N.Y. State 740 (using a name that is not a partner's legal name is a trade name) and N.Y. State 869 (the trade-name prohibition is broad), the committee acknowledged that some slight variations are tolerated, such as dropping a first name and using middle initials with the surname (N.Y. State 1003) or using a translated surname on business cards, informal communications, and a website if not misleading (N.Y. State 872). But a translated surname used as the firm name is more than a slight deviation and is more likely to mislead, especially when juxtaposed with the actual surname, since the public could believe two different lawyers practice there or that it is not the lawyer's own firm. The committee contrasted N.Y. State 869, which permitted "The Smith Law Firm" for a solo named John Smith because that name clearly and accurately identified the one lawyer practicing under it.

Currency note

This opinion was issued on November 8, 2017, and applied New York Rule 7.5(b) as it then read. New York amended its lawyer-advertising and firm-name rules, including Rule 7.5(b), effective June 24, 2020. The amended rule relaxed the categorical trade-name prohibition this opinion applied, permitting firm and trade names that are not false, deceptive, or misleading. Treat the holding here as historical; for the current treatment of firm and trade names, see NYSBA Opinion 1207 and later opinions, and verify the current rule before relying on the trade-name prohibition stated here. The committee's separate concern, that juxtaposing a translated name with the real surname could mislead the public about how many lawyers practice in the firm, sounds in the misleading-name prohibition that the amended rule retains.

Common questions

Q: Could a lawyer use an English translation of their surname as the firm name under the rule this opinion applied?

A: No. The committee held that Rule 7.5(b), as then written, made the translated surname an impermissible trade name and misleading as to the lawyer's identity (Opinion 1138 ¶¶ 3-8). New York later relaxed that rule effective June 24, 2020.

Q: Could the lawyer use the translated name anywhere?

A: Yes, outside the formal firm name. N.Y. State 872 allowed a translated surname on business cards, in informal communications, and on a website, if not misleading and compliant with other applicable rules (¶ 5).

Q: Why was a translated surname treated differently from dropping a first name?

A: The committee viewed a translated surname as more than a slight deviation and more likely to mislead, particularly when placed next to the lawyer's actual surname, suggesting more than one lawyer (¶ 7).

Background and rules framework

The opinion interprets New York Rule 7.5(b) (firm names and the trade-name prohibition) as it stood before the June 24, 2020 amendment, corresponding to the firm-name provisions formerly in ABA Model Rule 7.5, together with Rule 8.4(c) (Model Rule 8.4) on conduct involving deceit or misrepresentation. New York amended Rule 7.5(b) effective June 24, 2020 to permit non-misleading trade names.

Citations and references

Rules of Professional Conduct:

• New York Rule 7.5(b) (as in effect before the June 24, 2020 amendments): firm names; trade-name prohibition
• New York Rule 8.4(c) (Model Rule 8.4): deceit or misrepresentation

Other opinions cited:

• N.Y. State 740 (2001): a name that is not a partner's legal name is a trade name
• N.Y. State 869 (2011): broad trade-name prohibition; "The Smith Law Firm" permitted for John Smith
• N.Y. State 948 (2012): no firm name conjoining initials with an abbreviated surname
• N.Y. State 1003 (2014): a lawyer may use middle initials with the surname, dropping the first name
• N.Y. State 872 (2011): a translated surname may be used on cards, informally, and on a website if not misleading

See also

• NY State Bar Op. 1152: Using a first name as the firm name
• NY State Bar Op. 1207: Law firm trade names after the Rule 7.5 amendment
• NY State Bar Op. 1137: "A & Associates" with "of counsel" lawyers
• NY State Bar Op. 1167: Law firm name using multiple surnames

Source

• Landing page: https://nysba.org/ethics-opinion-1138/