Can a lawyer use a nickname or an English translation of a foreign first name on business cards and a firm website instead of the name on the Roll of Attorneys?

Plain-English summary

The inquirer is admitted in New York under a Polish first name, which is the name on the Roll of Attorneys and the name used when submitting papers to court and in formal communications. For simpler informal communication in English, the inquirer wanted to use a different first name, described as an accurate English translation of the Polish name, on business cards and the firm's website.

The committee identified two relevant rules. Rule 7.5(b) bars a lawyer in private practice from practicing under a trade name or a name that is misleading as to the identity of the lawyer, and Rule 8.4(c) prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation. The committee concluded that, on these facts, using an accurate English translation of the first name is not misleading as to identity and is not dishonest, so it does not violate either rule. It added that a lawyer could likewise use a nickname by which the attorney is commonly known, as long as the name is not misleading. The committee found this consistent with prior opinions allowing an attorney to continue using a former name after a legal name change (N.Y. City 82-37) and to use a maiden name in practice (N.Y. City 638).

The committee cautioned that compliance with the Rules may not be enough. It pointed to Judiciary Law section 468 and Part 118 of the Rules of the Chief Administrator (22 NYCRR 118.1), which require attorneys to register and to file an amended statement within 30 days of a change, and to the Appellate Division departments' name-change procedures (citing the Second Department's guidance that an attorney generally may not begin to practice under a different name without prior approval, and that even using a familiar form of one's given name, such as "Jimmy Carter" for "James Earl Carter," may require a court order). The committee stressed that interpreting and applying those statutes and rules is a question of law beyond its jurisdiction, and that the attorney must comply with all of them.

In practice

The opinion holds that, under Rules 7.5(b) and 8.4(c) as they stood at the time, a lawyer may use a nickname or an accurate English translation of a foreign first name on business cards, in informal communications, and on a firm website, provided the name is not misleading as to the lawyer's identity. The committee was explicit that this conclusion addresses only the Rules of Professional Conduct: it held the attorney must separately comply with the Judiciary Law, the registration rules in 22 NYCRR Part 118, and the Appellate Division departments' name-change procedures, and that interpreting those provisions is a legal question outside the committee's jurisdiction.

Common questions

Q: Can I put an Anglicized version of my first name on my business cards and website?

A: Yes, as to the ethics rules. The committee held that using an accurate English translation of the first name on the Roll of Attorneys, in informal communications, on business cards, and on a firm website is not misleading and does not violate Rule 7.5(b) or Rule 8.4(c), so long as it is not misleading as to identity.

Q: Does the same answer apply to a nickname rather than a translation?

A: Yes. The committee held a lawyer could use a name that is not an exact translation, such as a commonly used nickname, as long as the name is not misleading as to the lawyer's identity.

Q: Is satisfying the ethics rules enough to start using the new name?

A: No. The committee held that compliance with the Rules may not be sufficient and that the attorney must also follow the Judiciary Law, the attorney-registration rules (22 NYCRR Part 118), and the Appellate Division's name-change procedures, which it noted may require a court order and which it does not interpret.

Background and rules framework

The opinion interprets New York Rule 7.5(b) (no trade name or name misleading as to the lawyer's identity) and Rule 8.4(c) (no dishonesty, fraud, deceit, or misrepresentation), corresponding to ABA Model Rules 7.5 and 8.4. The committee framed the registration and name-change questions under Judiciary Law section 468 and 22 NYCRR Part 118, but treated their interpretation as a question of law outside its jurisdiction.

Citations and references

Rules of Professional Conduct:

• MR 7.5 / NY Rule 7.5(b): no practice under a trade name or a name misleading as to the lawyer's identity
• MR 8.4 / NY Rule 8.4(c): no conduct involving dishonesty, fraud, deceit, or misrepresentation

Statutes and court rules:

• N.Y. Judiciary Law section 468: official registration of attorneys
• 22 NYCRR 118.1(e)-(f): attorney registration statements and amended statements within 30 days of a change

Other opinions cited:

• N.Y. City 82-37 (1982): continued use of a former name after a legal name change
• N.Y. City 638 (1943): use of a maiden name in the practice of law

See also

• NY State Bar Ethics Op. 877: Permissible Information on a Law Firm Website
• NY State Bar Ethics Op. 881: Spouses Sharing Office Facilities
• NY State Bar Ethics Op. 888: Links on a Lawyer's Website to Other Businesses

Source

• Landing page: https://nysba.org/ethics-opinion-872/