Can a law firm call itself 'Austintown Legal Center,' using a geographic place name in the firm name?
Ohio BPC Opinion 89-027: Trade Names and Geographic Identifiers in a Law Office Name
Short answer: The Board concluded that a trade name is not permitted under Canon 2, but a legal clinic providing standardized and multiple services may use the phrase "legal center" in its name under DR 2-102(G); it may not include a geographic location, so "Austintown" could not appear in the name.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Ohio Board of Professional Conduct's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.
Currency note
The Board flags this opinion as not current: it issued in 1989 under the former Ohio Code of Professional Responsibility (superseded by the Ohio Rules of Professional Conduct effective February 1, 2007), and DR 2-101 was later amended effective January 1, 1993 and August 16, 1993, and DR 2-102 effective December 1, 1995. Ohio's current rules permit trade names in some circumstances. Treat this page as historical context, not current guidance. Verify against the current Ohio Rules of Professional Conduct (Rule 7.5) before relying on any specific rule mentioned here.
Plain-English summary
The inquiry concerned using "Austintown Legal Center" as part of a firm name. The Board quoted DR 2-102(B), which barred a lawyer in private practice 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 lawyers in the firm, and noted DR 2-102(G), which prohibited a legal clinic providing standardized and multiple services from using a trade name or geographic or other identification or description. It added that the name under which a lawyer practices may factor into a client's selection, that no communication may be false, misleading, or deceptive (DR 2-101(A)), and that a trade name could mislead as to the identity, responsibility, and status of those practicing under it (EC 2-10).
Applying these, the Board concluded that if the firm is organized to provide standardized and multiple legal services, its name may consist of the names of one or more active practitioners and may include the phrase "legal center" under DR 2-102(G), but it cannot include "Austintown." It held that the geographical location in the name of a law office is not permitted under DR 2-102(G).
Common questions
Q: Could the firm call itself a "legal center"?
A: Under this opinion, yes, if it was organized to provide standardized and multiple legal services; the Board concluded the phrase "legal center" is permitted under DR 2-102(G).
Q: Could it include the town's name, "Austintown"?
A: No. The Board concluded the geographical location in a law office name is not permitted under DR 2-102(G).
Background and rules framework
The opinion interprets the former Ohio Code of Professional Responsibility, DR 2-102(B) (trade names and firm names), DR 2-102(G) (legal clinic names), and DR 2-101(A) with EC 2-10 (misleading communications). Ohio's later rule changes, noted above, altered the treatment of trade names.
Citations and references
Rules of Professional Responsibility (Ohio):
- Former Code of Professional Responsibility, DR 2-102(B), trade names and firm names
- Former Code of Professional Responsibility, DR 2-102(G), legal clinic names
- Former Code of Professional Responsibility, DR 2-101(A); EC 2-10, misleading communications
See also
- Ohio BPC Opinion 1988-018: Legal Research Service Trade Name
- Ohio BPC Opinion 1988-019: Firm Name When the Partnership Is Not in Fact
- Ohio BPC Opinion 1989-016: Non-Lawyer Employees May Not Be Listed on Firm Letterhead
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-89-027.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 89-27
Issued August 18, 1989
[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 2-101, eff. Jan. 1, 1993 and Aug. 16, 1993; DR 2-102, eff. Dec. 1, 1995.]
SYLLABUS: Use of a trade name is not permitted under Canon 2. The name of a law office organized for the purposes of providing standardized and multiple legal services may include the phrase "legal center" but may not include the geographic location in the firm name.
OPINION: We have before us your request for an advisory opinion regarding the use of "Austintown Legal Center" as part of your firm name.
Disciplinary Rule 2-102 (B) of the Code of Professional Responsibility states that:
[a] lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm.
In addition, DR 2-102 (G) prohibits the "use of a trade name or geographical or other type of identification or description" for a legal clinic "providing standardized and multiple legal services."
The name under which a lawyer conducts his practice may be a factor in the selection process. A lawyer may not use any form of communication containing a false, misleading or deceptive statement or claim. Code of Professional Responsibility, DR 2-101 (A). The use of a trade name could be misleading as to the identity, responsibility, and status of those practicing thereunder. Code of Professional Responsibility, EC 2-10.
If your firm is organized for the purpose of providing standardized and multiple legal services, the name of your law office may consist of the names of one or more active practitioners and may include the phrase "legal center." Code of Professional Responsibility, DR 2-102 (G). It cannot include "Austintown."
It is our opinion and you are so advised that the use of the term "legal center" must be in accordance with DR 2-102 (G). The geographical location in the name of a law office is not permitted under DR 2-102 (G).
This is an informal, non-binding advisory opinion based upon the facts as presented and limited to questions arising under the Code of Professional Responsibility.