Can a New York solo practitioner name the firm using only their initials, like 'JDR Law'?

Plain-English summary

A solo practitioner with a long hyphenated surname wanted to name the firm by his initials, for example "JDR Law." The committee answered that he may not (paragraphs 1, 2, 7).

Rule 7.5(b) bars a lawyer in private practice from practicing under a trade name. The committee explained the prohibition protects the public from being deceived about the identity, responsibility, or status of those who use a firm name (paragraph 3, citing N.Y. State 732). Drawing on N.Y. State 740 and N.Y. State 869, the committee described the trade-name bar as broad, permitting little beyond the names of lawyers presently or previously associated with the firm; the rule's narrow exceptions for deceased or retired partners and for entity designations such as "PC" or "LLP" confirm that breadth (paragraph 4). It also pointed to N.Y. State 861, which held a firm could not use a name built from the first letters of its practice areas (paragraph 4).

Because a lawyer's initials are not the lawyer's legal name, they form a trade name, so the firm name is prohibited (paragraph 5). The committee added that words impermissible as a trade name may still be usable as a firm "motto," citing In re von Wiegen (where "The Country Lawyer" beneath the firm name was a permissible motto) and N.Y. State 636 (where "The Will Store" was allowed as a motto used together with, but not standing alone from, the names of one or more lawyer principals) (paragraph 6).

In practice

Under this opinion, a solo practitioner cannot use a set of initials as the standalone firm name, because Rule 7.5(b) treats anything other than a lawyer's actual name as a trade name. The committee leaves open the use of the same letters or phrase as a motto, provided it appears in conjunction with the lawyer's real name rather than as the firm name itself.

Common questions

Q: Can I name my solo firm using just my initials?

A: No. The committee held that initials are not your legal name, so a firm name consisting only of initials is a trade name prohibited by Rule 7.5(b) (paragraphs 5, 7).

Q: Why are initials treated as a trade name?

A: The committee reads Rule 7.5(b) broadly to permit little beyond the names of lawyers presently or previously in the firm. Because initials are not the lawyer's legal name, they fall on the prohibited side of that line (paragraphs 4, 5).

Q: Is there any way to use a catchy short name?

A: Possibly as a motto rather than a firm name. The committee noted that language impermissible as a trade name may be permissible as a motto used together with the name of one or more lawyer principals, citing In re von Wiegen and N.Y. State 636 (paragraph 6).

Background and rules framework

The opinion interprets New York Rule 7.5(b) (trade-name prohibition for lawyers in private practice), which has no direct counterpart in ABA Model Rule 7.5; the Model Rule permits trade names that are not misleading, while New York categorically bars them in private practice. The committee's reasoning rests on the rule's purpose of preventing public deception about who is responsible for the firm.

Citations and references

Rules of Professional Conduct:

• NY Rule 7.5(b): prohibition on practicing under a trade name (cf. MR 7.5)

Cases:

• In re von Wiegen, 63 N.Y.2d 163 (1984), "The Country Lawyer" permitted as a motto

Other opinions cited:

• N.Y. State 732 (2000), N.Y. State 740 (2001), N.Y. State 861 (2011), N.Y. State 869 (2011): scope of the trade-name bar
• N.Y. State 636 (1992): "The Will Store" permitted as a motto alongside a lawyer's name
• Arizona Opinion 91-09 (1991): accord on initials as a trade name

See also

• NY State Bar Ethics Op. 931: Law Firm Names
• NY State Bar Ethics Op. 948: Firm Name From Conjoined Initials and a Clinic Motto
• NY State Bar Ethics Op. 1003: Firm Name Using Middle Initials and Surname

Source

• Landing page: https://nysba.org/ethics-opinion-920/