Can a New Mexico solo or two-lawyer firm call itself "& Associates" when all of its lawyers are already named?

Plain-English summary

The Ethics Advisory Committee considered whether a lawyer could call a firm "& Associates" where all lawyers are named in the firm name and "& Associates" was meant to refer to support staff and occasional non-employee associated attorneys. The opinion concluded that doing so is misleading and violates Rule 16-705.

The opinion reasoned that Rule 16-705(A) bars a lawyer from using a firm name or designation that violates Rule 16-701, which prohibits statements that may be directly or indirectly misleading about a lawyer's services. It found that in the legal community an "associate" is understood to be an attorney who works for a firm, not support staff such as legal assistants or investigators, and that numerous other jurisdictions (Utah, Colorado, Florida, South Carolina, and Arizona among them) had uniformly held that "associates" means lawyers. The opinion concluded that "Lawyer & Associates" used by a sole practitioner, or "Lawyer, Attorney & Associates" used by a two-lawyer firm, implies more lawyers than the firm actually has and is misleading to the public, violating Rule 16-701.

Common questions

Q: Did "& Associates" refer to paralegals or staff under this opinion?

A: No. The opinion concluded that "associates" in the legal context means lawyers who are employees of the firm, not legal assistants, investigators, or other lawyers who merely associate for specific cases.

Q: Could a solo practitioner use "Lawyer & Associates"?

A: No. The opinion concluded that a sole practitioner's use of "Lawyer & Associates" was misleading because it implied more lawyers were in the firm than there actually were, violating Rule 16-701.

Q: What about a two-lawyer firm adding "& Associates"?

A: The opinion concluded the same. "Lawyer, Attorney & Associates" by a two-lawyer firm where both lawyers are already named implies additional lawyers who do not exist and violates Rule 16-701.

Background and rules framework

The opinion interpreted the New Mexico Rules of Professional Conduct: Rule 16-705 (firm names and letterheads; Model Rule 7.5) and Rule 16-701 (communications concerning a lawyer's services; Model Rule 7.1). Rule 16-705(A) incorporates Rule 16-701's prohibition on misleading communications, and the opinion treated "& Associates" appended after all named lawyers as such a misleading communication.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.5 / NM Rule 16-705 (firm names and letterheads)
• Model Rule 7.1 / NM Rule 16-701 (communications about a lawyer's services)

Cases:

• The Florida Bar v. Fetterman, 439 So. 2d 835 (Fla. 1983).
• In the Matter of Mitchell, 614 S.E.2d (S.C. 2005).

Other opinions cited:

• Colorado Bar Ethics Opinion (Formal Op. 8) and Arizona Ethics Opinion 90-1 (cited as among jurisdictions holding "associates" means lawyers).

See also

• ABA Formal Op. 90-357: Use of the "Of Counsel" Designation
• NM Ethics Op. 2024-001: Practicing Law Virtually

Source

• Landing page: https://www.sbnm.org/Leadership/Committees/Ethics-Advisory-Committee/Ethics-Advisory-Opinions
• Original PDF: https://www.sbnm.org/Portals/NMBAR/AboutUs/committees/Ethics/2005-2006/2006-1.pdf

Currency note

This opinion was issued in 2006, before the State Bar of New Mexico's November 3, 2008 revisions to the Rules of Professional Conduct (the New Mexico adoption of the ABA Ethics 2000 changes). 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.

Original opinion text

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

State Bar of New Mexico
Ethics Advisory Committee
FORMAL ETHICS ADVISORY OPINION

DATE: April 3, 2006

TOPIC: Naming Firms "& Associates"

RULES IMPLICATED: Rule 16-705, Firm names and letterheads, Rule 16-701, Communications concerning a lawyer's services.

QUESTION: Can a lawyer call the lawyer's firm "& Associates" where all lawyers are named in the heading and "& Associates" is meant to refer to support staff and occasional non-employee associated attorneys?

SHORT ANSWER: Calling a business "& Associates" when all lawyers in the firm are named in the firm name is misleading and violates NMRPC 16-705.

FACTUAL BACKGROUND: The lawyer is a lawyer with staff including legal assistants and contract paralegals. The lawyer on some cases associates with other lawyers sharing the fee according to the amount of work done. The lawyer wishes to call his firm "Lawyer & Associates." Alternatively, lawyer has a partner named "Attorney" and wishes to name the firm "Lawyer, Attorney & Associates."

ANALYSIS: New Mexico Rule of Professional Conduct 16-705 A states that "A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 16-701. Rule 16-701 prohibits statements that may directly or indirectly be misleading concerning the lawyer's services." It is well accepted in the legal community that an "associate" is an attorney that works for a firm. "Associates," at least in the legal context, do not include support staff such as legal assistants or investigators. Numerous other jurisdictions have addressed this issue and, without exception, stated that "associates" means lawyers and does not include staff. See for example, Utah, Colorado, Florida, South Carolina, and Arizona. This list is not exhaustive.

The use of the name "Lawyer & Associates" by a sole practitioner, or "Lawyer, Attorney & Associates" by a two-lawyer firm, is misleading to the public in general because it implies that more lawyers are in the firm than there actually are. This usage violates Rule 16-701.

CONCLUSION: A lawyer may not call the firm "& Associates" when all lawyers are already named in the firm name without violating Rule 16-701. "Associates" are lawyers who are employees of the firm, not legal assistants and not other lawyers who merely associate with the firm for specific cases. Appending "& Associates" implies that there are yet more lawyers in the firm than those named.

[Footnote 1: http://www.cobar.org/static/comms/ethics/fo/fo_8.htm]
[Footnote 2: The Florida Bar v. Fetterman, 439 So.2d 835 (Fla., 1983)]
[Footnote 3: In the Matter of Mitchell, 614 S.E.2d (SC, 2005)]
[Footnote 4: http://azbar.org/EthicsOpinions Opinion 90-1.]