Ezel / Ethics Opinions / OHBPC
OHBPC October 2, 2020

Can an Ohio lawyer or law firm practice under a trade name that does not include any lawyer's surname or describe the services provided?

Short answer: The opinion concludes that, after the June 2020 amendment to Rule 7.5, a lawyer or firm may use a trade name as a firm name without referencing a lawyer's name or the services provided, as long as the trade name is not false, misleading, or nonverifiable. Trade names implying results, expediency, or a connection to a government, nonprofit, or charitable organization are inherently misleading, and firms organized as professional entities must carry the required corporate designation.

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This page answers the general question as of 2020. Ezel answers yours: whether it's allowed on your facts, under the current Ohio Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2020
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.
Disclaimer: Advisory only. Not binding precedent.
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 as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The Supreme Court amended Prof.Cond.R. 7.5, effective June 17, 2020, to remove the prohibition on using a trade name as a law firm name. The Board addressed whether a lawyer or firm may now practice under a trade name unconnected to the lawyer's name or services. The opinion concludes that a firm may do so as long as the trade name complies with the Rules of Professional Conduct and the Rules for the Government of the Bar.

The opinion explains that Prof.Cond.R. 7.5 permits, but does not require, a traditional firm name using lawyer surnames; a name that does not use a surname is a trade name and is permissible without implicating the false-or-misleading prohibition of Prof.Cond.R. 7.1. Because a firm name is a form of advertising under Prof.Cond.R. 7.2, the trade name must still avoid false, misleading, or nonverifiable communications. A trade name is misleading if it contains a material misrepresentation or omits a fact needed to keep it from being misleading, or if it would lead a prospective client to an unjustified conclusion. The opinion gives examples: names implying results ("Zero Tax," "Winning Law Firm"), implying a connection to a government agency ("Attorney General Collections," "Public Defenders"), implying expediency ("Divorce Fast," "EZ Divorce"), or implying a connection to a nonprofit or charity ("Legal Aid Associates") are inherently misleading.

The opinion also gives permissible examples: a firm concentrating in personal injury could use "Ohio Personal Injury Associates," and a firm need not reference an area of practice at all, so names like "Summit Law" or "First Legal" are permissible. Finally, if a firm practices as a legal professional association, corporation, legal clinic, LLC, or LLP, the trade name must comply with Gov.Bar R. III, §2 and carry the appropriate legend or designation (for example, "Co., LPA," "L.L.C.," "L.L.P.," or "Inc.").

In practice

Under this opinion, an Ohio firm may adopt a non-surname trade name as its firm name after the June 2020 Rule 7.5 amendment, with the limit that the name must not be false, misleading, or nonverifiable under Prof.Cond.R. 7.1. The opinion holds that names implying guaranteed results, expediency, or a connection to a government, nonprofit, or charitable organization are inherently misleading. Per the opinion, a firm operating as a professional association, corporation, legal clinic, LLC, or LLP must also satisfy Gov.Bar R. III, §2 by carrying the appropriate corporate legend or designation with the trade name.

Common questions

Q: Can a firm name omit every lawyer's surname?

A: Yes. The opinion concludes Prof.Cond.R. 7.5 permits but does not require surnames, so a non-surname trade name is permissible as long as it is not false, misleading, or nonverifiable under Prof.Cond.R. 7.1.

Q: What kinds of trade names are off-limits?

A: The opinion concludes names implying results ("Zero Tax," "Winning Law Firm"), expediency ("EZ Divorce"), or a connection to a government agency, nonprofit, or charity ("Legal Aid Associates") are inherently misleading.

Q: Does a trade name have to describe the firm's practice area?

A: No. The opinion concludes a trade name need not reference an area of practice; names like "Summit Law" or "First Legal" are permissible.

Q: Are there extra requirements for a professional entity?

A: Yes. The opinion concludes that a firm organized as a legal professional association, corporation, legal clinic, LLC, or LLP must comply with Gov.Bar R. III, §2 and carry the appropriate corporate legend or designation.

Background and rules framework

The opinion interprets Ohio Prof.Cond.R. 7.5 (firm names; Model Rule 7.5), as amended effective June 17, 2020, and Prof.Cond.R. 7.1 (false or misleading communications; Model Rule 7.1) and 7.2 (advertising; Model Rule 7.2), with reference to Prof.Cond.R. 7.4(a) (fields of practice), and applies the entity-designation requirement of Gov.Bar R. III, §2.

Citations and references

Rules of Professional Conduct:

  • Ohio Prof.Cond.R. 7.5 (Model Rule 7.5)
  • Ohio Prof.Cond.R. 7.1 and cmts. [2], [3] (Model Rule 7.1)
  • Ohio Prof.Cond.R. 7.2 and cmt. [2]; 7.4(a) and cmt. [1] (Model Rules 7.2, 7.4)

Other authority:

  • Gov.Bar R. III, §2 (entity designations); R.C. §§ 1701.05(A), 1705.05(A), 1776.82

Cases:

  • Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626 (1985), false or misleading lawyer advertising is not constitutionally protected

Other opinions cited:

  • S.C. Bar Eth. Adv. Op. 03-04 (misleading trade names)

See also

Source

Original opinion text

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

OPINION 2020-11
Issued October 2, 2020

                     Trade Name Used as Law Firm Name

SYLLABUS: A lawyer or law firm may use a trade name as a law firm name that does
not reference the name or surname of the lawyer or lawyers or describe the nature of the
legal services provided. A trade name used by a lawyer or law firm as a law firm name
cannot be false, misleading, or nonverifiable. A trade name that implies certain results,
expediency, or a connection to a governmental, nonprofit, or charitable organization is
inherently false or misleading. A lawyer or law firm using a trade name and organizing
as a legal professional association, corporation, legal clinic, a limited liability company,
or a limited partnership must comply with Gov.Bar R. III, §2 and carry the appropriate
corporate legend or designation with the trade name.

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.
65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov

HON. JOHN W. WISE RICHARD A. DOVE
CHAIR DIRECTOR
PATRICIA A. WISE D. ALLAN ASBURY
VICE- CHAIR SENIOR COUNSEL
KRISTI R. MCANAUL
COUNSEL

                                    OPINION 2020-11
                                  Issued October 2, 2020

                        Trade Name Used as Law Firm Name

SYLLABUS: A lawyer or law firm may use a trade name as a law firm name that does
not reference the name or surname of the lawyer or lawyers or describe the nature of the
legal services provided. A trade name used by a lawyer or law firm as a law firm name
cannot be false, misleading, or nonverifiable. A trade name that implies certain results,
expediency, or a connection to a governmental, nonprofit, or charitable organization is
inherently false or misleading. A lawyer or law firm using a trade name and organizing
as a legal professional association, corporation, legal clinic, a limited liability company,
or a limited partnership must comply with Gov.Bar R. III, §2 and carry the appropriate
corporate legend or designation with the trade name.

QUESTION PRESENTED:

   Whether a lawyer or law firm is permitted to practice law under a trade name that

is not connected to the lawyer’s name or his or her legal services.

APPLICABLE RULES: Prof.Cond.R. 7.1, 7.5

OPINION: The Supreme Court amended Prof.Cond.R. 7.5, effective June 17, 2020, to
remove the prohibition against the use of a trade name as a law firm name by a lawyer
or lawyers. A trade name is defined as “a name, style, or symbol used to distinguish a
company, partnership, or business (as opposed to a product or service); the name under
which a business operates.” Black’s Law Dictionary (11th Ed., 2019.) As a consequence of
the rule amendment, a lawyer or law firm may permissibly practice under a firm name
that utilizes a trade name, without listing a lawyer’s name or services provided, as long
Op. 2020-11 2

as the trade name complies with the Rules of Professional Conduct and the Rules for the
Government of the Bar.

No Requirement to Include Lawyers’ Names or Surnames in a Firm Name

      Prof.Cond.R. 7.5 expressly permits, but does not require, the use of a traditional

law firm name that includes the surnames of lawyers in the firm. A firm name that does
not use the traditional method of including the name or surname of a lawyer or lawyers
in the firm is a trade name. The use of the trade name without referencing the name of
the lawyer or lawyers in the firm is permissible under Prof.Cond.R. 7.5. and does not
implicate the prohibition against false, misleading, or nonverifiable communications
contained in Prof.Cond.R. 7.1.

False, Misleading, or Nonverifiable Trade Names

      Advertising of a lawyer’s services is specifically permitted by the Ohio Rules of

Professional Conduct. Prof.Cond.R. 7.2. A lawyer’s advertising may include many forms
of communication such as written, recorded, electronic communication, or public media.
Id. Prof.Cond.R. 7.2 permits public dissemination of information that might invite the
attention of those seeking legal assistance. Id., cmt. [2]. Information that may be publicly
disseminated as advertising includes, but is not limited to a lawyer’s name, firm name,
address, email address, website, and the kinds of services the lawyer will undertake. Id.

      The name of a law firm is one method by which lawyers advertise to the public

their availability for the rendering of legal services and is a type of legal advertising.
While a law firm name does not need to reference the name of a lawyer or lawyer in the
firm, a lawyer must avoid communications about the lawyer, the law firm, or his or her
legal services, including the firm name, that are false, misleading, or nonverifiable.
Prof.Cond.R.7.1. False or misleading communications by lawyers through advertising
are not constitutionally protected. Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626
(1985).

      Because a trade name may contain one word or a combination of words, it may be

considered misleading if it contains a material misrepresentation of fact or omits a fact
necessary to make the trade name, considered as a whole, not materially misleading.
Prof.Cond.R. 7.1, cmt. [2]. A trade name may also be misleading if a substantial likelihood
Op. 2020-11 3

exists that it will lead a prospective client to formulate a specific conclusion about the
lawyer or the lawyer’s services for which there is no reasonable factual foundation. Id.
For example, a trade name that implies results, such as “Zero Tax” or “Winning Law
Firm,” would be considered misleading because it could lead a reasonable person or a
prospective client to form an unjustified expectation that certain results can be obtained
from the lawyer or firm. Id., cmt.[3]. In addition, trade names that imply a connection to
a governmental agency, e.g. “Attorney General Collections,” “Public Defenders,” “Ohio
Judge’s Law Group,” “Social Security Administration Associates;” imply expediency, e.g.
“Divorce Fast,” “EZ Divorce,” “Quick Settlement;” or that imply a connection to an
existing nonprofit or charitable organization, e.g. “Legal Aid Associates,” “Project
Innocence Associates,” or “Legal Assistance Foundation;” are inherently false or
misleading and implicate Prof.Cond.R. 7.1. See generally S.C. Bar Eth. Adv. Op. 03-04.

   On the other hand, there exists a number of possible law firm names that utilize a

trade name and that would be permissible under Prof.Cond.R. 7.1 and 7.5. For example,
a law firm with multiple lawyers that concentrates its law practice in representing
plaintiffs in personal injury law cases could ethically use the trade name “Ohio Personal
Injury Associates.” Prof.Cond.R. 7.4(a), cmt.[1]. The name would only be considered
false or misleading if no lawyers in the firm practice personal injury law or the firm
ceased providing any legal services in the area of law used in the trade name. Likewise,
a firm that exclusively practices in the area of insurance defense law may appropriately
use the trade name “Ohio Insurance Defense Counsel.” However, a trade name is not
required to reference the area of legal services the lawyer or the law firm provides in
order to not be false, misleading, or nonverifiable. For example, a trade name such as
“Summit Law” or “First Legal” would be permissible, even though the trade name does
not indicate the area of law practiced.

Gov.Bar R. III Requirements for Trade Names as Firm Names

   If a law firm intends to be formally identified by the use of a trade name, and

practice as a legal professional association, corporation, or legal clinic, a limited liability
company, or a limited liability partnership, the trade name must comply with Gov.Bar R.
III, §2. Prof.Cond.R. 7.5. Specifically, the trade name of a legal professional association
or legal clinic must end with the legend, “Co., LPA” and the name of a corporation,
limited liability company, or limited liability partnership must include a descriptive
Op. 2020-11 4

designation as required under sections R.C. §§ 1701.05(A), 1705.05(A), or 1776.82, e.g.,
L.L.C., L.L.P., or Inc. Gov.Bar R. III, §2.

CONCLUSION:. Trade names may be used by lawyers as a law firm name under which
legal services will be provided and to distinguish the law firm from other legal practices.
Trade names constitute a form of communication or advertisement by a lawyer that
cannot be false, misleading, or nonverifiable. Trade names that imply result, expediency,
or a connection to a government agency, nonprofit, or charitable organization are
inherently misleading and implicate Prof.Cond.R. 7.1. A firm name that does not
reference the name of the lawyer or lawyers in the law firm or the area of practice can be
a permissible trade name as long as it is not false, misleading, or nonverifiable. If a lawyer
or law firm intends to practice as a legal professional association, corporation, or legal
clinic, a limited liability company, or a limited liability partnership, a trade name used as
a law firm name must comply with requirements of Gov.Bar R. III, §2 and carry the
appropriate corporate legend or designation.

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