Can a lawyer whose firm has several associates practice under a name like 'The [Surname] Group'?

Plain-English summary

A lawyer ("X") whose firm has a number of associates asked whether the firm could do business as "The X Group." The committee analyzed the question under DR 2-102(B), which bars a lawyer from practicing under a trade name, a name misleading as to the identity of the lawyers practicing under it, or a firm name containing names other than those of lawyers in the firm. The purpose of the restriction is to protect the public from being deceived about the identity, responsibility, or status of those using the name.

The committee explained that whether a particular term is deceptive is an individual determination, and reviewed examples. In Matter of Von Wiegen, the Court of Appeals allowed "The Country Lawyer" as a motto separate from the lawyer's name. By contrast, the Third Department found "The People's Law Firm" misleading because "People's" misrepresented the firm's nature, and N.Y. State 636 (1992) barred a firm name that included no lawyer's name. The line turns on whether the name would mislead the public about who stands behind the firm.

Applying that standard, the committee concluded "The X Group" would not deceive the public. A "group" is simply a number of individuals bound together by a common interest, purpose, or function, and the name signifies only that lawyer X practices with a group of others, which was in fact the case. Unlike "People's," the word "group" is not misleadingly suggestive and would not induce clients to choose the firm based on a false assumption, so the name is permissible.

Currency note

This opinion was issued in 2000, under New York's former Code of Professional Responsibility, which New York replaced with the Rules of Professional Conduct in 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a firm call itself "The [Surname] Group"?

A: The opinion concluded yes, where the named lawyer actually practices with associates. "Group" signals that the lawyer practices with others and does not mislead the public about identity or status, so it is not a prohibited trade name.

Q: What makes a firm name an improper trade name?

A: The opinion concluded a name is improper if it misleads the public about the identity, responsibility, or status of those practicing under it, as the committee found with "The People's Law Firm," where "People's" misrepresented the firm's nature.

Background and rules framework

The opinion interpreted DR 2-102(A) (the advertising rule barring deceptive or misleading firm presentations) and DR 2-102(B) (the bar on trade names and misleading firm names) of New York's former Code of Professional Responsibility, together with EC 2-11. The Model Rule analogues are Rule 7.1 (communications concerning a lawyer's services) and Rule 7.5 (firm names and letterheads, folded into Rule 7.1 in jurisdictions following the 2018 ABA amendments). New York replaced the Code with the Rules of Professional Conduct in 2009; the DR numbers cited here are historical.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services); MR 7.5 (firm names and letterheads)
• NY DR 2-102(A); DR 2-102(B)

Cases:

• Matter of Von Wiegen, 63 N.Y.2d 163, 481 N.Y.S.2d 40 (1984), "The Country Lawyer" as a permissible motto
• Matter of Shepard, 92 A.D.2d 978, 459 N.Y.S.2d 632 (3d Dep't 1983), "The People's Law Firm" misleading

Other opinions cited:

• N.Y. State 636 (1992): a firm name with no lawyer's name is misleading

See also

• NY State Bar Op. 740: Using 'A' before a firm name in ads
• NY State Bar Op. 1107: Using 'legal services' in a law firm name
• NY State Bar Op. 1152: First name as a firm name

Source

• Landing page: https://nysba.org/opinion-732/