After a law partner dies, can the surviving partner keep using the firm name to finish the partnership's unfinished business?

Plain-English summary

The inquiry asked whether, after a member of a law partnership dies, it is proper to continue the firm name in finishing the partnership's unfinished business, used in the form "Blank and Blank by Blank (surviving partner)."

The Board noted that Rule 35 provides that continued use of a deceased partner's name is not permissible, but read the rule to imply that the name may be continued for a limited period, which it construed as the time necessary to wind up the former partnership's business. On that reading it saw no objection to using the firm name as suggested for that limited period. The Board added that nothing in the opinion should be construed to permit using the prior firm name in transacting business that comes to the surviving member, or to permit maintaining the prior firm name on doors, windows, and the like.

Currency note

This opinion was issued in 1935, decades before Oklahoma replaced its original Rules of Professional Conduct (patterned on the ABA Canons of Professional Ethics) with the Oklahoma Rules of Professional Conduct (adopted 1988) and the later Ethics 2000 revisions. The rule cited here, Rule 35 on firm names, belongs to that superseded canon-era code; the modern rules on firm names take a different approach to retaining a deceased or former partner's name. 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 Treat this page as historical context, not current guidance.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: Could a surviving partner keep the old firm name after a partner died?

A: Only briefly, under this opinion. The Board allowed using the deceased partner's name for the limited time needed to wind up the former partnership's unfinished business, signed as "Blank and Blank by Blank (surviving partner)."

Q: Could the survivor use the old firm name for new clients or on the office signage?

A: No. The opinion expressly said it did not permit using the prior firm name for business coming to the surviving member, nor maintaining it on doors, windows, and similar signage.

Background and rules framework

The opinion applied Rule 35 of the canon-era Oklahoma Rules of Professional Conduct, governing the use of a deceased partner's name in a firm name, drawn from the ABA Canons of Professional Ethics. It predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Rule 35 (1929 Oklahoma Rules of Professional Conduct): the continued use of a deceased partner's name is not permissible, read by the Board to allow a limited period to wind up partnership business.

See also

• Okla. Bar Ethics Op. 77: Firm name after a partner takes public office
• Okla. Bar Ethics Op. 21: Firm name holding out a salaried lawyer as a partner

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-99/

Original opinion text

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

Adopted December 26, 1935

The Board is in receipt of the following inquiry:

"Where a member of a law partnership passes into the Great Beyond, is it proper for the firm name to be continued in the consummation of unfinished business?"

In the inquiry it is further stated, "I desire to continue the use of the firm name as to unfinished business, using it in this manner: Blank and Blank by Blank (surviving partner)".

In response:

Rule 35 of the Rules of Professional Conduct provides that the continued use of the name of a deceased partner is not permissible. The rule implies that the use of the name of a deceased partner may be continued for a limited period of time. The board construes that period of time to be that necessary in which to wind up the business of the former partnership. No objection, therefore, is seen to the use of the firm name as suggested, for the limited period of time indicated.

Nothing in this opinion, however, should be construed to permit the use of the prior firm name in the transaction of business coming to the surviving member of the partnership; nor to permit the maintenance of the prior firm name on doors, windows, etc.