Can a lawyer use one professional name and a different married name in private life, and can her firm keep her former name in the firm name after she changes it?

Plain-English summary

A lawyer who originally practiced as Jane Smith married and took her husband's name, becoming Jane Smith Doe, and signed her documents that way. When she became a shareholder in her small-town professional association, the firm name became "Jones, Johns, and Doe." After divorce she kept "Doe" because she had become professionally known by it over more than 23 years of practice. She later remarried and contemplated changing her name to Jane Smith Roe. She asked whether she may change her name to Jane Smith Roe but go by Jane Smith professionally and Jane Smith Roe privately, and whether the firm may keep the name "Jones, Johns, and Doe" even though she no longer uses "Doe."

The committee answered yes to both. On the personal name, it concluded an individual lawyer may use a name of her own choice and may change a name by usage, as long as doing so does not otherwise violate the Rules, and that a lawyer may use different professional and private (or "social") names.

On the firm name, the committee relied on Comment 1 to Rule 7.5, which permits the use of a trade name. It treated "Jones, Johns, and Doe" as a continuing firm and concluded that if the lawyers intend the name as a trade name, Lawyer Doe remains a shareholder and has not changed her status with the firm, and continued use would not violate Rule 7.1 or 7.5, then maintaining the current name is not misleading. The committee explained that Rule 7.5 is intended to protect the public from firm names that violate Rule 7.1, in particular its bar on false, misleading, deceptive, or unfair communications about the lawyer, and that the lawyer must correct any misunderstanding if there is any chance a client might be confused or misled. It concluded the firm may continue to use "Jones, Johns, and Doe" as a trade name even though Lawyer Doe now uses a different last name.

In practice

Under this opinion, a lawyer may carry one name professionally and another in private life, and a continuing firm may retain a member's former surname in the firm name as a trade name after she changes her name. The committee held this turns on the firm name not being false or misleading under Rule 7.1, with Rule 7.5 permitting trade names, and conditioned its conclusion on the lawyer still being a shareholder with unchanged firm status and on the lawyer correcting any client confusion that might arise.

Common questions

Q: Can a lawyer go by one name in court filings and a different married name personally?

A: Yes. The committee concluded a lawyer may use different professional and private (or "social") names, and may change a name by usage, as long as it does not otherwise violate the Rules.

Q: Can a firm keep a partner's former name in the firm name after she changes it?

A: Yes. The committee concluded the firm may keep "Jones, Johns, and Doe" as a trade name under Rule 7.5, treating it as a continuing firm, provided the name is not misleading and the lawyer remains a shareholder with unchanged status.

Q: What is the limit on keeping the former name?

A: The firm name must not be false, misleading, deceptive, or unfair under Rule 7.1, and the lawyer must correct any misunderstanding if there is any chance a client could be confused or misled.

Background and rules framework

The opinion applies South Carolina Rule 7.5 (firm names and letterhead, including the use of trade names) and Rule 7.1 (the bar on false or misleading communications about the lawyer), which correspond to the like-numbered Model Rules. The committee relied on Comment 1 to Rule 7.5 permitting trade names and on the protective purpose of Rule 7.5 in guarding against firm names that would violate Rule 7.1.

Citations and references

Rules of Professional Conduct:

• MR 7.5 / SC Rule 7.5 (firm names and letterhead; trade names), Comment 1
• MR 7.1 / SC Rule 7.1 (no false, misleading, deceptive, or unfair communications about the lawyer)

See also

• SC Bar Ethics Op. 05-19: 'And Associates' Firm Name
• SC Bar Ethics Op. 20-03: Retired Partners in Firm Name
• SC Bar Ethics Op. 04-06: Descriptive Law Firm Web URLs

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-07-05/

Original opinion text

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

UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.

Ethics Advisory Opinion 07-05

SC Rules of Professional Conduct: 7.1, 7.5

Facts
Lawyer Jane Smith marries Mr. Doe and adds his last name to hers so that she becomes Jane Smith Doe (not hyphenated). As a lawyer, she signs all her documents “Jane Smith Doe.” She becomes a shareholder in her firm (a Professional Association in a small town) and the firm name is changed to “Jones, Johns, and Doe.” Jane Smith Doe and Mr. Doe divorce after 10 years of marriage. However, she retains the name Doe, since she has become known professionally by that name and, to date, has practiced with the firm for more than 23 years. Eventually, she remarries, to Bill Roe. She is contemplating changing her name to “Jane Smith Roe.”

Questions
1. Is it permissible for Jane to change her name to Jane Smith Roe but go by Jane Smith professionally and Jane Smith Roe in her private life?
2. Is it permissible for the law firm to maintain the name “Jones, Johns, and Doe,” even if Jane Smith no longer uses the name “Doe?”

Summary
1. A lawyer may use different professional and private names.
2. The law firm may maintain a lawyer’s former name as part of the firm name.

Opinion
An individual lawyer may use a name of his or her own choice, and may change a name by usage, providing it does not otherwise violate any Rules of Professional Conduct. A lawyer may use different professional and private, or “social,” names.

Comment 1 of Rule 7.5 permits the use of a trade name. Jones, Johns, and Doe is a continuing firm. If the lawyers intend for “Jones, Johns, and Doe” to be a trade name, Lawyer Doe is still a shareholder and has not changed status with the firm, and the ongoing use of the firm name would not violate Rule 7.1 or 7.5, then it is not misleading to maintain the current name.

Rule 7.5 is intended to protect the public from law firm names which violate Rule 7.1, in particular, the requirement that “a lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer….” The lawyer must correct any misunderstanding should there be any chance that a client might be confused or misled.

It is the Committee’s opinion that the law firm in question may continue to use the name “Jones, Johns, and Doe” as a trade name, even if Lawyer Doe now uses a different last name.