Could a lawyer keep a family member's name on the firm letterhead after that person became a judge, when the two had never actually practiced together?

Currency note

This opinion was issued in 1987 under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. The Board's status list also flags subsequent rule amendments to DR 2-102(B) effective December 1, 1995. Treat this page as historical context, not current guidance. Verify against the current Ohio Rules of Professional Conduct (including Ohio Prof. Cond. R. 7.5 on firm names and letterheads) before relying on any specific rule mentioned here.

Plain-English summary

A lawyer asked whether he could use his father's name on his firm letterhead, either with or without the title of judge. The father had practiced law at the lawyer's present office location until May 1983, when the father became a judge; the lawyer began practicing at the same address in November 1983, and a brother hoped to join the practice.

The Board read former DR 2-102(B) to provide that a lawyer who becomes a judge "shall not permit his name to remain in the name of the firm or to be used in professional notices of the firm" when he is not actively and regularly practicing law for the firm, and that other firm members likewise may not use the name. The Board concluded that if the father was not actively and regularly practicing law for the firm, his name could not appear on the letterhead with or without the judicial title. The Board added that because the lawyer and his father had never actually practiced law together, including the father's name even without the title would be misleading.

Common questions

Q: Could the firm list the father's name with his judicial title?

A: No. The Board concluded that under former DR 2-102(B), a judge's name could not remain on the letterhead of a firm for which he was not actively and regularly practicing.

Q: Could the firm list the father's name without the judicial title?

A: No. The Board concluded that because the lawyer and his father had never actually practiced together, including the name even without the title would be misleading.

Background and rules framework

The opinion applies former DR 2-102(B) of the Ohio Code of Professional Responsibility, which restricted use of a judge's name in a firm name or professional notices where the judge was not actively and regularly practicing. The same subject is now addressed by Ohio Prof. Cond. R. 7.5 and Model Rule 7.5 on firm names and letterheads.

Citations and references

Rules of Professional Conduct:

• Former DR 2-102(B), Ohio Code of Professional Responsibility
• Model Rule 7.5 (firm names and letterheads), parallel current provision

See also

• Ohio BPC Opinion 1987-039: NBTA Certification on Letterhead
• Ohio BPC Opinion 1987-034: Announcement Cards to Non-Clients

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-87-048.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 87-048
December 18, 1987

[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]

[Not Current- subsequent rule amendments to DR 2-102(B), eff. Dec. 1, 1995, expressing rule in gender neutral language]

SYLLABUS: A judge shall not permit his name to be used on his former law firm's letterhead, professional notices or included in the firm's name.

OPINION: We have before us your request for an informal advisory opinion regarding the use of a judge's name on your law firm's letterhead. In your request you indicate that your father practiced law at your present office location until May of 1983 at which time he became a judge. In November of 1983 you began practicing at the same address and your brother hopes to join your practice this year. You are interested in using your father's name on your letterhead either with or without his title as judge.

Under DR 2-102(B), a lawyer who becomes a judge "shall not permit his name to remain in the name of the firm or to be used in professional notices of the firm" when he is not actively and regularly practicing law for the firm, nor shall "other members of the firm. . . use his name in the firm name or in professional notices of the firm.". Code of Professional Responsibility DR 2-102(B). Therefore, if your father is not actively and regularly practicing law for your firm, his name may not appear on the letterhead either with or without his title as judge.

Furthermore, because you and your father never actually practiced law together, we advise that you do not include his name on your letterhead, even without his title as judge. It is our opinion that including your father's name on your letterhead under such circumstances would be misleading. Id.

In conclusion, it is our opinion, and you are so advised, that you should not use the name of a judge on your letterhead who is not actively and regularly practicing law as a member of your firm.

This is an informal, non-binding advisory opinion, based upon the facts as presented and limited to questions arising under the Code of Judicial Conduct.

James W. Mason, Esq.
Secretary, Board of Commissioners on Grievances and Discipline