Could a lawyer name a firm with a surname followed by 'Intellectual Property' or the initials 'IP'?

Currency note

The Board withdrew this opinion on October 1, 2021, pointing to Prof. Cond. R. 7.5 and Advisory Opinion 2020-11; treat it as historical context, not current guidance. Ohio amended its lawyer-advertising rules, including the treatment of trade names, after this opinion issued, so the analysis below reflects the rules as they stood in 2010. Verify against the current Ohio Rules of Professional Conduct before relying on any specific rule or requirement mentioned here.

Plain-English summary

The Board addressed whether a lawyer who had practiced intellectual property law for many years could name a firm (formed as a limited liability company) using the lawyer's surname followed by "IP" as an abbreviation for intellectual property. The Board concluded the proposed name was improper.

The Board explained that firm names were governed by Prof. Cond. R. 7.5 and Gov. Bar R. III. Rule 7.5(a) prohibited practicing under a trade name or a name misleading as to the identity of the lawyers in the firm and required compliance with Rule 7.1's bar on false, misleading, or nonverifiable communications. Gov. Bar R. III(2) required a corporate-structure firm name to include the descriptive designation required by law (such as LLC or LLP) and required a legal professional association's name to end with "Co., LPA" or carry below it "A Legal Professional Association."

The Board concluded that neither Rule 7.5(a) nor Gov. Bar R. III(2) authorized including an area of practice (intellectual property, patent law, personal injury, criminal defense, real estate, or any other) in a firm name, and that Rule 7.4 (communication of fields of practice and specialization) did not authorize stating a field of practice in a firm name. Including an area of practice in a firm name therefore constituted an unauthorized trade name. The Board found this consistent with disciplinary case law, citing Medina Cty. Bar Assn. v. Grieselhuber, where the directory heading "Body Injury Legal Centers" was held to be a trade name violating former DR 2-102(B).

Common questions

Q: Could an Ohio lawyer use "Smith IP" or "Smith Intellectual Property" as a firm name?

A: The opinion concluded no; including an area of practice such as intellectual property in a firm name was an unauthorized trade name under Prof. Cond. R. 7.5(a).

Q: Did Rule 7.4 on fields of practice help?

A: The opinion concluded that Rule 7.4 governs communicating fields of practice and specialization but did not authorize stating a field of practice in a firm name.

Q: What naming requirements did the Board flag for entity firms?

A: The opinion noted that Gov. Bar R. III(2) required a corporate-structure firm name to include a descriptive designation such as LLC or LLP, and a legal professional association's name to end with "Co., LPA" or carry "A Legal Professional Association."

Background and rules framework

The opinion interpreted Ohio Prof. Cond. R. 7.5(a) (firm names; no trade name), R. 7.1 (false, misleading, or nonverifiable communications), and R. 7.4 (fields of practice and specialization), together with Gov. Bar R. III(2) (entity-name designations) (Model Rules 7.5, 7.1, 7.4). It relied on case law under predecessor DR 2-102(B).

Citations and references

Rules of Professional Conduct:

• Ohio Prof. Cond. R. 7.5(a) (firm names; trade names) (Model Rule 7.5)
• Ohio Prof. Cond. R. 7.1 (false, misleading, or nonverifiable communications) (Model Rule 7.1)
• Ohio Prof. Cond. R. 7.4 (fields of practice and specialization) (Model Rule 7.4)
• Gov. Bar R. III(2) (entity-name descriptive designations)

Statutes:

• R.C. 1701.05(A), 1705.05(A), 1775.62 (entity-name designations referenced by Gov. Bar R. III(2))

Cases:

• Medina Cty. Bar Assn. v. Grieselhuber (1997), 78 Ohio St.3d 373, "Body Injury Legal Centers" directory heading was a trade name violating former DR 2-102(B)

See also

• Ohio BPC Op. 2009-005: "General Counsel" Designation on a Client's Letterhead

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op_10-001.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 65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431 (614) 387-9370 (888) 664-8345 FAX: (614) 387-9379 www.supremecourt.ohio.gov

OFFICE OF SECRETARY

OPINION 2010-1
Issued February 5, 2010
Withdrawn October 1, 2021

SYLLABUS: It is improper for a lawyer to name a law firm the lawyer’s surname followed by the words Intellectual Property or the initials IP. The use of an area of practice or specialization in a law firm name constitutes a trade name. Prof. Cond. Rule 7.5(a), Gov.Bar. R. III(2), and Prof. Cond. Rule 7.4 do not authorize the inclusion of an area of practice or specialization in a law firm name and Prof. Cond. Rule 7.5 specifically does not allow a trade name. An additional consideration when naming a law firm is that Gov.Bar R. III(2) requires that the name of a law firm formed under a corporate structure, must, in addition to compliance with Prof. Cond. Rule 7.5, include the proper descriptive designation required by law, such as LLC or LLP, and that the name of a legal professional association must end with the legend “Co., LPA” or have below it the words “A Legal Professional Association.”

OPINION: This opinion addresses a question regarding inclusion of an area of practice or specialization in a law firm name.

Is it proper for a lawyer to name a law firm the lawyer’s surname followed by the words Intellectual Property or the initials IP as an abbreviation for intellectual property?

A lawyer who has practiced in the area of intellectual property for many years would like to include the area of practice in the law firm name. The law firm is formed as a limited liability company. The lawyer proposes the use of the lawyer’s surname followed by IP as an abbreviation for intellectual property.

Law firm names are addressed in Rule 7.5 of the Ohio Rules of Professional Conduct and in Rule III of the Supreme Court Rules for the Government of the Bar of Ohio.

Prof. Cond. Rule 7.5(a) prohibits a lawyer from practicing law under a trade name or a name misleading as to the identity of the lawyer or lawyers practicing in the firm. Rule 7.5(a) requires that a law firm name comply with the requirement of Prof. Cond. Rule 7.1 that “[a] lawyer shall not make or use a false, misleading, or nonverifiable communication about the lawyer or the lawyer’s services.”
Op. 2010-1
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Prof. Cond. Rule 7.5(a)

A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. 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 the name, or a firm name containing names other than those of one of more of the lawyers in the firm, except that the name of a professional corporation or association, legal clinic, limited liability company, or registered partnership shall contain symbols indicating the nature of the organization as required by Gov. Bar R. III. If otherwise lawful, a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession.

Gov.Bar R. III(2) requires that the name of a law firm formed under a corporate structure, must, in addition to compliance with Prof. Cond. Rule 7.5, include the descriptive designation required by law, such as LLC or LLP, and that the name of a legal professional association must end with the legend “Co., LPA” or have below it the words “A Legal Professional Association.”

Gov.Bar R. III(2)

The name of a legal professional association, corporation, legal clinic, limited liability company, or registered partnership shall comply with Rule 7.5 of the Ohio Rules of Professional Conduct. The name of a legal professional association or legal clinic shall end with the legend, “Co., LPA” or shall immediately below it, in legible form, the words “A Legal Professional Association.” The name of a corporation, limited liability company, or registered partnership shall include a descriptive designation as required under sections 1701.05(A), 1705.05(A), or 1775.62, respectively, of the Revised Code.

Neither Prof. Cond. Rule 7.5(a) nor Gov.Bar R. III(2) provides authority for a lawyer to include an area of practice, such as intellectual property, patent law, personal injury law, criminal defense law, real estate law, or any other area of practice, in a law firm name.

Further, Prof. Cond. Rule 7.4, which is a rule devoted to communication of fields of practice and specialization, does not provide authority to communicate a field of practice or a specialization in the name of a law firm.

In applying these rules, it is the Board’s view that the inclusion of an area of practice or specialization in a law firm name constitutes a trade name and is not authorized by the rules. This advice is consistent with past disciplinary case law. A lawyer’s advertisements placed in yellow page directories containing the heading “Body Injury
Op. 2010-1
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Legal Centers” were found to be a trade name violating DR 2-102(B) of the Ohio Code of Professional Responsibility [the predecessor rule to Prof. Cond. Rule 7.5]. Medina Cty. Bar Assn. v. Grieselhuber (1997), 78 Ohio St.3d 373, 374-75.

Thus, the Board advises that it is improper for a lawyer to name a law firm the lawyer’s surname followed by the words Intellectual Property or the initials IP. The use of an area of practice or specialization in a law firm name constitutes a trade name. Prof. Cond. Rule 7.5(a), Gov.Bar. R. III(2), and Prof. Cond. Rule 7.4 do not authorize the inclusion of an area of practice or specialization in a law firm name and Prof. Cond. Rule 7.5 specifically does not allow a trade name. An additional consideration when naming a law firm is that Gov.Bar R. III(2) requires that the name of a law firm formed under a corporate structure, must, in addition to compliance with Prof. Cond. Rule 7.5, include the proper descriptive designation required by law, such as LLC or LLP, and that the name of a legal professional association must end with the legend “Co., LPA” or have below it the words “A Legal Professional Association.”

Advisory Opinions of the Board of Commissioners on Grievances and Discipline are informal, nonbinding opinions in response to prospective or hypothetical questions regarding the application of the Supreme Court Rules for the Government of the Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary, the Ohio Rules of Professional Conduct, the Ohio Code of Judicial Conduct, and the Attorney’s Oath of Office.