Could a North Dakota lawyer use a proposed firm name containing the lawyer's own name under the rules considered in 1987?
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This page answers the general question as of 1987. Ask about yours and see what the current North Dakota Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer asked whether proposed firm names could be used in yellow-pages advertising and on office materials under rules then in force and rules scheduled to take effect in January 1988. The request said the proposed names contained the lawyer's name, but the copies in the archived scan obscure the specific words.
At its September 28, 1987 meeting, the committee saw no problem with the names the lawyer described, especially under the new rules. It said it also had no objection under the old rules as long as the lawyer intended to include the lawyer's own name in the firm name. It warned that its opinions were not then binding on inquiry committees or the Supreme Court's Disciplinary Board.
Currency note
This opinion was issued in 1987, before North Dakota's 2006 revisions to its Rules of Professional Conduct. The later North Dakota Opinion 06-05 states: “On August 1, 2006, material changes to N.D.R. Prof. Conduct 1.10(a) will take effect.” 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 Treat this page as historical context, not current guidance.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.
Common questions
Q: Did the committee object to the proposed names under the old rules?
A: It said it had no objection so long as the lawyer intended to include the lawyer's own name in the firm name.
Q: Can this opinion identify the exact firm names it evaluated?
A: No. The archived source obscures the proposed names, so the page records only the committee's stated condition and conclusion.
Background and rules framework
The request contrasted rules then in effect with new rules expected in January 1988. The committee's answer addressed both sets of rules but did not cite a numbered provision.
See also
- ND Ethics Op. 1984-01: Client Letterhead and Bill-Collection Correspondence
- ND Ethics Op. 08-02: Advertising a Super Lawyers Designation
Source
- Landing page: https://www.sband.org/page/ethics_opinions
- Original PDF: https://web.archive.org/web/20250000000000id_/https://www.sband.org/resource/resmgr/docs/for_lawyers/87-07.pdf
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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