Can I practice law under my maiden name while using my married name for personal and family matters?

Plain-English summary

The inquiring attorney asked about the ethical propriety of using her maiden name for professional purposes and her married name for all other purposes. She stated that she intended to retain her maiden name to identify herself as a practicing member of the Rhode Island Bar.

The panel concluded that she may retain her maiden name for professional purposes while using her married name for personal, family, and other purposes, so long as the use of the different names is not intended to mislead anyone.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. 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 Treat this page as historical context, not current guidance.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 guidance mentioned here.

Common questions

Q: Can I practice under my maiden name and use my married name elsewhere?

A: Under this opinion, yes. The panel concluded the attorney may use her maiden name professionally and her married name for personal, family, and other purposes.

Q: Is there any limit on using the two names?

A: Per the opinion, the dual use is permitted so long as it is not intended to mislead anyone.

Background and rules framework

The opinion does not cite a numbered Rule of Professional Conduct. It resolves the inquiry on the principle that a lawyer may use different names for professional and personal purposes provided the practice is not intended to mislead.

Citations and references

Rules of Professional Conduct:

• None cited. The opinion conditions the dual use of names on its not being intended to mislead.

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-42: A Paralegal's Name on Firm Materials
• RI EAP Op. 91-38: Accepting Client Referrals From a Nonprofit

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-47.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-47, Request #157
Issued July 18, 1991

An attorney seeks Panel advice concerning the ethical propriety of using her maiden name for professional purposes and using her married name for all other purposes. The attorney states that she intends to retain her maiden name to identify herself as a practicing member of the Rhode Island Bar.

The Panel is of the opinion that she may retain her maiden name for professional purposes while using her married name for personal, family and other purposes, so long as the use of the different names is not intended to mislead anyone.