Ezel / Ethics Opinions / NYSBA
NYSBA December 3, 2012

Can a New York lawyer use a firm name built from her conjoined initials plus a phrase like 'The Business Dispute Clinic'?

Short answer: No. A firm name made by conjoining the lawyer's initials with an abbreviation of her surname is a prohibited trade name, and 'The Business Dispute Clinic' cannot be part of the firm name, though it may be usable as a separate advertising motto if not misleading.

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This page answers the general question as of 2012. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2012
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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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 on this page) is the authoritative source for any reliance.

Plain-English summary

A solo lawyer with a hyphenated surname (illustrated as "Ann Bonnie-Doe") wants to practice under the name "AbDoe Law, The Business Dispute Clinic," combining her first initial and the first initial and second name of her hyphenated surname, conjoined, plus "Law," plus the phrase "The Business Dispute Clinic." The committee concludes the proposed name is not permissible, although the closing phrase may be usable as a motto in advertising alongside a proper firm name.

The committee applies Rule 7.5(b), which (subject to inapplicable exceptions) bars a private-practice lawyer from practicing under a trade name, a name misleading as to the identity of the lawyers, or a firm name containing names other than those of the firm's lawyers. Drawing on prior opinions, it treats the trade-name prohibition as broad: a firm name may include little beyond the names of lawyers presently or previously in the firm (N.Y. State 869, 920, 861, 740; N.Y. County 677). While slight variations may not offend the rule (N.Y. State 872, allowing an English translation of a foreign first name in some uses), the conjoined and abbreviated "AbDoe" deviates substantially from the lawyer's actual name and is therefore a prohibited trade name.

The phrase "The Business Dispute Clinic" likewise cannot be part of the firm name. Rule 7.5(b) permits "legal clinic" in a firm name only when a participating lawyer or firm name is incorporated, and allows certain similar terms for a qualified legal assistance organization, which this firm is not; the rule does not authorize terms like "The Business Dispute Clinic." The committee adds, however, that advertising using "The Business Dispute Clinic" as a motto in addition to a proper firm name may be permissible, citing In re Von Wiegen, 63 N.Y.2d 163 (1984), which held "The Country Lawyer" used as a motto was neither a trade name nor deceptive. Under Rule 7.1(a)(1) the motto would be impermissible if misleading, for example if the firm lacked competence or willingness to handle business disputes.

In practice

The opinion holds that, under the New York rules as they stood in 2012, "AbDoe Law, The Business Dispute Clinic" is not a permissible firm name: the conjoined-initials portion is a prohibited trade name and the "Clinic" phrase is not authorized within a firm name. The committee identifies the controlling factors as how far the name deviates from the lawyer's actual name (a larger deviation reads as a trade name) and whether a non-name phrase fits Rule 7.5(b)'s narrow allowances. It treats the same phrase used as a separate advertising motto as potentially permissible under Rule 7.1, subject to the rule against misleading advertising.

Common questions

Q: Can I build my firm name out of my initials?

A: Generally no. Per paragraphs 3 and 4, a name conjoining initials with an abbreviation of the surname deviates too far from the lawyer's actual name and is a prohibited trade name under Rule 7.5(b).

Q: Can a firm name include a phrase like "The Business Dispute Clinic"?

A: No. Per paragraph 5, Rule 7.5(b) authorizes "legal clinic" only with a participating lawyer's or firm's name incorporated, and does not authorize phrases like "The Business Dispute Clinic" in the firm name.

Q: Can I use that phrase in advertising at all?

A: Possibly, as a motto. Per paragraph 6, advertising that uses the phrase as a motto alongside a proper firm name may be permissible (citing In re Von Wiegen), as long as it is not misleading under Rule 7.1(a)(1).

Background and rules framework

The opinion interprets New York Rule 7.5(b) (Model Rule 7.5, firm names and the prohibitions on trade names, misleading names, and names other than the firm's lawyers) and Rule 7.1(a)(1) (Model Rule 7.1, the bar on false or misleading communications). The committee reads the trade-name prohibition broadly, permitting little beyond lawyer names, while distinguishing a permissible advertising motto from an impermissible firm name.

Citations and references

Rules of Professional Conduct:

  • MR 7.5 / NY Rule 7.5(b) (trade names; misleading names; names of firm lawyers)
  • MR 7.1 / NY Rule 7.1(a)(1) (false or misleading communications; mottos in advertising)

Cases:

  • In re Von Wiegen, 63 N.Y.2d 163 (1984), holding the motto "The Country Lawyer" was neither a trade name nor deceptive.

Other opinions cited:

  • N.Y. State 869 (2011), 920 (2012), 861 (2011), 740 (2001), and N.Y. County 677 (1990): scope of the trade-name prohibition.
  • N.Y. State 872 (2011): slight, non-misleading variations on a lawyer's name.

See also

Source

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