Can a firm keep a deceased partner's name in its firm name and on its letterhead, and for how long?

Plain-English summary

Three lawyers practiced as Blackstone, Marshall & Pounds. Shortly before Blackstone died, his two partners bought his interest in the firm, and he consented to the continued use of the firm name. After his death, the firm kept the name and continued to list all three lawyers on the letterhead, with the years of Blackstone's birth and death shown parenthetically after his name. Blackstone's family did not object. The questions were whether using his name this way was proper and, if so, for how long.

The Committee concluded that Canon 30 clearly permits continued use of a deceased or former partner's name if local custom permits and no deception or imposition is practiced. It read "local custom" as referring to the general geographical area, noting that small towns with few lawyers may have no custom either way. Showing the dates to indicate that Blackstone is deceased seemed proper, since otherwise one might be misled into thinking he was still an active member. There was no set period for the continued use; the Committee said it would probably be misleading to continue the name after new partners joined the firm, citing A.B.A. Opinion 381A, and that in any situation where deception or imposition might result the use should be discontinued. The vote was 9-0.

Currency note

This opinion was issued in 1964, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. 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 Treat this page as historical context, not current guidance.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: Can a firm keep a deceased partner's name in the firm name?

A: The Committee said yes under Canon 30, if local custom permits and the use works no deception or imposition, with a suitable indication that the partner is deceased.

Q: Is it proper to show the partner's birth and death dates on the letterhead?

A: Yes. The Committee said using the dates to show that Blackstone was deceased seemed proper, because otherwise someone might think he was still an active member of the firm.

Q: How long may the firm keep using the name?

A: There is no set period. The Committee said it would probably be misleading to continue after new partners join, and that the use should stop whenever deception or imposition might result.

Background and rules framework

The opinion interprets former Texas Canon 30, which permitted the continued use of a deceased or former partner's name subject to local custom and a no-deception limit. The modern analogs are ABA Model Rule 7.5 (firm names and letterheads) and Model Rule 7.1 (no false or misleading communications).

Citations and references

Rules of Professional Conduct:

• MR 7.5 (firm names and letterheads), as the modern analog
• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• Texas Canon 30 (former canon)

Other opinions cited:

• A.B.A. Opinion 381A: cited on continuing a name after new partners join

See also

• TX Ethics Op. 319: Multistate Firm Name and Announcement Cards in a Texas Office
• TX Ethics Op. 318: County Attorney's Firm, Criminal Defense, and a "Civil Counsel" Letterhead
• TX Ethics Op. 305: Listing Practice Specialties on a Lawyer's Letterhead

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-287/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_287.pdf

Original opinion text

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

QUESTION PRESENTED

Three lawyers, Blackstone, Marshall and Pounds, for several years practiced law under the firm name, Blackstone, Marshall & Pounds. Shortly before the death of Blackstone, his interest in the firm assets was purchased by his two partners, and he consented to the continued use of the same firm name. After Blackstone's death, the same firm name was continued. The firm's letterhead also continued to list the names of the three lawyers, but following Blackstone's name, the years of his birth and death appeared parenthetically. The members of Blackstone's family did not object to the continued use of Blackstone's name in the firm name. Was it proper to use Blackstone's name in this manner, and if so, how long may this be done?

18 Baylor L. Rev. 355 (1966)

PARTNERSHIP NAMES - DECEASED PARTNER'S NAME - DESCRIPTIVE USE
A firm may continue to use the name of a deceased partner in its firm name and to show the name on its letterhead with suitable indication that such partner is deceased, if the action is in accord with custom in the general geographical area and if the use of the name does not tend to work any deception or imposition. This use of the name of a deceased partner should be discontinued whenever its continued use might be deceptive or misleading.

Canon 30.

Canon 30 clearly permits the continued use of the name of a deceased or former partner if local custom permits and if no deception or imposition is practiced. "Local custom" should be considered as referring to the general geographical area, for in small towns with few lawyers there may well be no custom one way or the other. The use of dates, as has been done here, indicating that Blackstone is deceased seems proper for otherwise one might be misled into thinking he still was an active member of the firm. There is no set period of time during which this use of Blackstone's name may be continued; probably it would be misleading to continue use of the name after new partners have joined the firm (see A.B.A. Opinion 381A), and in any given fact situation when it appears that deception or imposition might result the use of the name should be discontinued. (9-0.)

Tex. Comm. On Professional Ethics, Op. 287 (1964)