Ezel / Ethics Opinions / NYSBA
NYSBA 2021-08-16

Can a lawyer use a website domain name that is different from the name the firm practices under?

Short answer: Yes. The opinion concludes a lawyer may use a domain name (such as a descriptive practice-area name) that differs from the firm name, as long as neither the firm name nor the domain name, separately or combined, is false, deceptive, or misleading under Rule 7.5(b).
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked at the bottom of this page) is the authoritative source for any reliance.

NYSBA Ethics Opinion 1226: A Domain Name Different From the Firm Name

Short answer: The opinion concludes that a lawyer may use a website and email domain name that differs from the name the firm practices under, provided that neither the firm name nor the domain name, separately or combined, is false, deceptive, or misleading under Rule 7.5(b).

Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the New York State Bar Association's view of New York's Rules of Professional Conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.

About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. We do not reproduce the opinion text on this page; follow the linked source for the official text, which controls.

Plain-English summary

The inquirer, preparing to open his own practice, bought the domain "JDFamilyLaw.com" (JD being his initials). He originally planned to use the firm name "AB Family Law" but has decided to practice under his own name, such as "Law Offices of John Doe." He asks whether he may use a domain name for his website and email that differs from the name he uses for the firm.

The committee analyzes the question under Rule 7.5(b), as amended effective June 24, 2020, which now permits trade names, domain names, and comparable designations so long as they are not false, deceptive, or misleading, the purpose being to protect the public from being misled as to the identity of the lawyers practicing under a name (citing N.Y. State 1207 (2020) and 1217 (2021)). Comments [2], [9], [10], and [11] confirm that a lawyer may practice under the lawyer's own name, initials, a trade name, a domain name, abbreviations, or areas of practice, and give approved examples (such as "A&B Real Estate Lawyers" and domain names like www.realestatelaw.com), all subject to the not-misleading limit.

The opinion notes the history: before the 2020 amendments, trade names were forbidden and former Rule 7.5(e) allowed a descriptive domain name only if the lawyer did not practice law using it, which effectively required a different firm name. The 2020 amendments eliminated Rule 7.5(e) because trade and domain names became permissible, but nothing in the amended rule requires a lawyer to use the same name for the firm and the domain, nor prohibits using different ones. On these facts, neither the proposed firm name nor the proposed domain name is misleading, and using a permissible firm name together with a different permissible domain name is not per se false, deceptive, or misleading. The committee acknowledges one could imagine circumstances where differing names mislead, but found no such basis here.

In practice

Under this opinion, a New York lawyer may run a website and email under a descriptive domain name (for example, a practice-area name) while practicing the firm under a different name, such as the lawyer's own name, as long as neither name nor their combination is false, deceptive, or misleading (Rule 7.5(b)). Per the opinion, using different firm and domain names is not misleading by itself, though particular circumstances could make a given combination misleading.

Common questions

Q: Can a lawyer's website domain be different from the firm's name?

A: Per the opinion, yes; nothing in Rule 7.5(b) requires the firm name and domain name to match, provided neither, alone or combined, is false, deceptive, or misleading.

Q: Can the domain name be a descriptive, practice-area name?

A: Per the opinion, yes; the comments to Rule 7.5 approve descriptive and trade-name-style domains (such as a practice-area name) so long as they are not misleading.

Q: Is using two different names automatically misleading?

A: No. Per the opinion, using a permissible firm name with a different permissible domain name is not per se false, deceptive, or misleading, though some particular combinations could be.

Background and rules framework

The opinion interprets New York Rule 7.5(b)(1), as amended June 24, 2020, with Comments [2], [9], [10], and [11], against the background of the now-eliminated former Rule 7.5(e) governing domain names. The governing standard remains the general prohibition on false, deceptive, or misleading names, reflected in Rule 7.1. These correspond to ABA Model Rules 7.5 and 7.1.

Citations and references

Rules of Professional Conduct:

  • New York Rules of Professional Conduct 7.5(b)(1) and Cmts. [2], [9]-[11]; former Rule 7.5(e)
  • ABA Model Rules 7.5, 7.1 (analogues)

Other opinions cited:

  • N.Y. State 1207 (2020) and 1217 (2021): purpose of amended Rule 7.5(b)

See also

Source