After New York's 2020 amendment to Rule 7.5(b), can a law firm practice under a trade name that contains no lawyer's name, such as an acronym or a street name, or keep a retired partner's name?

Plain-English summary

Three inquiries followed the June 24, 2020 amendment to Rule 7.5(b). A national firm practices in other states under the trade name "LONG Legal Group" (an acronym for its sole owner's "Law Office of Norman Grant") and asks whether it may use that name in New York. A second firm wants to practice as "Maple Street Law Group" based on its street address. A third firm, "Smith & Jones, LLP," asks whether it may keep its name after the name partner Smith retires.

The opinion explains that, for decades, lawyers had to practice under a firm name containing the names of current lawyers or of deceased or retired members in a continuing line of succession, to protect the public from being misled about who practiced under the name. The June 24, 2020 Joint Order of the Appellate Divisions amended Rule 7.5(b) to bar only a false, deceptive, or misleading trade name, domain name, or a name misleading as to the identity of the lawyers, and deleted the old language requiring a lawyer's name. The committee reads the amendment to mean firm names no longer need to contain the names of lawyers in the firm, while reaffirming that names must not be false, deceptive, or misleading.

Applying that standard, the committee concludes none of the three proposed names is barred. The acronym and the street-address name do not fit any of the examples of deceptive names in Comments [3] through [5] (such as falsely implying a government connection or a partnership that does not exist). The retired-partner question is answered by Comment [2], which says it is not misleading for a firm to be designated by the names of retired or deceased members where there is a continuing line of succession; so Smith & Jones may keep its name after Smith retires. The committee stresses that whether a name is misleading is a heavily fact-based inquiry, and that a name that is false, deceptive, or misleading could also violate Rule 8.4(c).

In practice

Under this opinion, a New York firm may adopt a trade name that contains no lawyer's name (including an acronym or a street-address name) and may keep a retired partner's name in the firm name, provided the name is not false, deceptive, or misleading. The opinion holds that, under the amended rule, the controlling question is no longer whether the name contains a lawyer's name but whether the name misleads as to the identity of the lawyers practicing under it. Per the opinion, that determination is fact-specific and turns on a close examination of the particular name.

Common questions

Q: Can a New York firm practice under a name with no lawyer's name in it?

A: Yes. Per the opinion, the amended Rule 7.5(b) permits trade names, including acronyms and street-address names, so long as the name is not false, deceptive, or misleading.

Q: Can a firm use its street address as its name, like "Maple Street Law Group"?

A: Yes. The opinion concludes a street-address trade name does not fit any of the examples of deceptive names in the Comments and is permitted if not otherwise misleading.

Q: Can a firm keep a name partner's name after that partner retires?

A: Yes. Per the opinion, Comment [2] provides that it is not misleading for a firm to be designated by the names of retired or deceased members where there is a continuing line of succession.

Q: What other rule applies if a firm name is misleading?

A: Per the opinion, a false, deceptive, or misleading firm or domain name might also constitute conduct involving deceit or misrepresentation under Rule 8.4(c).

Background and rules framework

The opinion interprets New York Rule 7.5(b), as amended by the Appellate Divisions' Joint Order effective June 24, 2020 (false, deceptive, or misleading trade names, domain names, and names misleading as to identity), together with its Comments [2] through [5], and Rule 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation). These correspond to ABA Model Rules 7.5 and 8.4.

Citations and references

Rules of Professional Conduct:

• New York Rules of Professional Conduct 7.5(b) (as amended June 24, 2020) and Cmts. [2]-[5]; 8.4(c); 1.0(h)
• ABA Model Rules 7.5, 8.4 (analogues)

See also

• NY State Bar Op. 1217: Keeping a Departed Partner's Name
• NY State Bar Op. 1226: Domain Name Different From the Law Firm Name
• NY State Bar Op. 1235: A Law Firm Operating Under Multiple Assumed Names
• NY State Bar Op. 1220: Separate Firms Forming a PLLC Trade Name

Source

• Landing page: https://nysba.org/ethics-opinion-1207/