NYSBA 2021-10-05

Can a solo practitioner put his late father's name on the firm letterhead when the father never practiced with the firm?

Short answer: No. The opinion concludes a firm may not list on its letterhead the name of a deceased attorney who is not in a continuing line of succession with the firm, because the implied affiliation is deceptive and misleading under Rules 7.5 and 8.4(c).

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 Not binding precedent.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 1230: A Deceased Attorney's Name on Firm Letterhead

Short answer: The opinion concludes that a law firm may not include on its letterhead the name of a deceased attorney who does not stand in a continuing line of succession with the firm, because listing the name in a way that suggests a prior affiliation is deceptive and misleading under Rules 7.5 and 8.4(c).

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 is a solo practitioner who, for sentimental reasons, wants to list his deceased father's name on the firm letterhead (not in the firm name), showing the father's birth and death years and his admission as a "Q.C." in Canada. The father never practiced with the inquirer's firm. He asks whether the letterhead may include the name.

The opinion starts from the June 24, 2020 amendment to Rule 7.5(b), which permits trade names but bars firm names that are false, deceptive, or misleading. The amendment deleted the old provision that had specifically allowed names of deceased or retired members "in a continuing line of succession," but Comment [2] preserves that tradition and Comment [3] gives, as an example of a misleading name, one that "contains the name of a deceased or retired lawyer not in a continuing line of succession." So a firm still may not use such a name.

The committee then extends that prohibition from firm names to letterhead. Rule 7.5(a), unchanged by the 2020 amendment, allows letterhead and similar notices only if they do not violate the Rules, and Rule 8.4(c) bars conduct involving dishonesty, fraud, deceit, or misrepresentation. By analogy and under Rule 8.4(c), listing on letterhead an attorney with no prior affiliation with the firm, in a manner suggesting such an affiliation, is equally deceptive. The inquirer therefore may not list his father's name as proposed. The opinion adds that he may still honor his father in other ways, such as an encomium on the firm website, brochures, or even letterhead, provided he makes clear (by disclaimer or other language) that his father never practiced or associated with the firm.

In practice

Under this opinion, a firm may not place a deceased lawyer's name on its letterhead unless that lawyer is in a continuing line of succession with the firm, because the implied prior affiliation is deceptive and misleading (Rules 7.5(a)-(b), 8.4(c)). Per the opinion, the lawyer may still honor a relative or mentor on firm materials through descriptive tribute language, as long as he makes clear the person never practiced or associated with the firm.

Common questions

Q: Can a firm list a deceased lawyer's name on letterhead if that lawyer never worked there?

A: No. Per the opinion, listing a deceased attorney not in a continuing line of succession is deceptive and misleading under Rules 7.5 and 8.4(c), whether in the firm name or on letterhead.

Q: Did the 2020 amendment to Rule 7.5(b) change this?

A: Per the opinion, no; although the amendment deleted the express "continuing line of succession" language and now permits trade names, Comments [2] and [3] confirm that a name including a deceased lawyer not in a continuing line of succession remains misleading.

Q: Is there any way the lawyer can honor his late father on firm materials?

A: Per the opinion, yes; he may include a tribute to his father's achievements on the firm website, brochures, or letterhead, provided he makes clear (through a disclaimer) that the father never practiced or associated with the firm.

Background and rules framework

The opinion interprets New York Rule 7.5(b) (firm and trade names; false, deceptive, or misleading), as amended June 24, 2020, with Comments [2] and [3], together with Rule 7.5(a) (letterhead and similar notices) and Rule 8.4(c) (dishonesty and 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(a), 7.5(b) and Cmts. [2]-[3], 8.4(c)
ABA Model Rules 7.5, 8.4 (analogues)

Other opinions cited:

N.Y. State 1207 ¶ 11 (2020): effect of the 2020 amendment to Rule 7.5(b)

Source

Landing page: https://nysba.org/ethics-opinion-1230/