Can a law firm keep a deceased partner's name in the firm name or list it on the letterhead, and how should it show that the partner has died?

Plain-English summary

Partner C of the firm A, B, C & D had died. The firm wished to carry on as A, B & D and to keep C's name on the letterhead list of members, with dates beside C's name showing the years he practiced with the firm. The Committee addressed whether that was proper under DR 2-102(A)(4) and EC 2-11.

The Committee concluded that it was proper to use a deceased partner's name in the firm name or to show it on the letterhead with a suitable indication that the partner is now deceased, and that using dates beside the name is an accepted method of indicating that the partner is deceased or retired. It grounded the result in DR 2-102(A)(4), which permits a law firm letterhead to give "names and dates relating to deceased and retired members," and in EC 2-11, which treats retaining a deceased or retired partner's name as proper where the firm is a bona fide successor, the use is authorized by law or contract, and the public is not misled.

The Committee said the question was very similar to the one decided in Texas Opinion 287 (1964), and it overruled Opinion 287 only to the extent that Opinion 287 and former Canon 30 had made local custom determinative of the propriety of using a deceased partner's name. It explained that the Code of Professional Responsibility expressly excluded the "local custom" language of former Canon 30 from DR 2-102(A)(4).

Currency note

This opinion was issued in 1974, under the former Texas Code of Professional Responsibility, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Firm names and letterheads are now governed by Texas Rule 7.01 and ABA Model Rule 7.1 (the ABA folded its former Rule 7.5 on firm names into Rule 7.1 in 2018). 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 Treat this page as historical context, not current guidance.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: Could the firm keep a deceased partner's name on the letterhead?

A: Yes. The Committee concluded that a firm may show a deceased partner's name on its letterhead with a suitable indication that the partner is deceased, under DR 2-102(A)(4), provided the use is not deceptive.

Q: How should the firm indicate that the partner has died?

A: The Committee said that placing dates beside the name, showing the years the person practiced with the firm, is an accepted method of indicating that the partner is deceased or retired.

Q: Did this opinion change earlier Texas guidance?

A: It overruled Opinion 287 (1964) only to the extent that Opinion 287 and former Canon 30 had made local custom determinative, because the Code excluded the "local custom" language of former Canon 30 from DR 2-102(A)(4).

Background and rules framework

The opinion interprets DR 2-102(A)(4) of the former Texas Code of Professional Responsibility, which allowed a firm letterhead to give names and dates relating to deceased and retired members, together with EC 2-11 on retaining a deceased or retired partner's name. The Committee read the Code as having dropped the "local custom" test of former Canon 30. The modern analogs are Texas Rule 7.01 and ABA Model Rule 7.1.

Citations and references

Rules of Professional Conduct:

• MR 7.1, MR 7.5 (communications about a lawyer's services; firm names), as the modern analogs
• DR 2-102(A)(4); EC 2-11; former Canon 30 (former Texas Code of Professional Responsibility)

Other opinions cited:

• Tex. Comm. on Professional Ethics, Op. 287 (1964) (overruled in part on the "local custom" test)

See also

• TX Ethics Op. 491: Deceased Partner's Name in a New Firm After Withdrawal
• TX Ethics Op. 605: Firm Name With a Departed (Not Retired) Lawyer
• TX Ethics Op. 390: Listing a Non-Lawyer Secretary on Firm Letterhead

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-375/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_375.pdf

Original opinion text

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

QUESTION PRESENTED

USE OF DECEASED PARTNER’S NAME ON LETTERHEADS
It is proper for a firm to continue to use the name of a deceased partner in its firm name and/or to show the name on its letterhead with suitable indication that such partner is deceased, if the use of the name does not tend to work any deception or imposition. The use of the name of a deceased partner should be discontinued whenever its continued use might be deceptive or misleading.

Code of Professional Responsibility: DR 2-102 (A) (4), EC 2-11

STATEMENT OF FACTS

C, a named partner in the law firm of A, B, C & D is deceased. The firm wishes to carry on under the firm name of A, B & D, but also wishes to include C's name in the list on their letterhead of all the members of the firm, with dates to the side of C's name to indicate the years he practiced with the firm.

Disciplinary Rule 2-102 (A) (4) provides, in relevant part:

"A letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members."

Ethical Consideration 2-11 provides:

"For many years some law firms have used a firm name retaining one or more names of deceased or retired partners and such practice is not improper if the firm is a bona fide successor of a firm in which the deceased or retired person was a member, if the use of the name is authorized by law or by contract, and if the public is not misled thereby."

The question in this opinion is very similar to that decided in Texas Opinion 287 (1964). This opinion overrules Opinion 287 only to the extent that Opinion 287 and former Canon 30 required that local custom (the custom in the general geographical area where the firm was located) was to be determinative in deciding the propriety of using a deceased partner's name in the firm name. The Code of Professional Responsibility expressly excluded the "local custom" language of former Canon 30 in DR 2-102 (A) (4).

Thus, it is proper to use a deceased partner's name in the firm name and/or to show the deceased partner's name on the firm's letterhead with suitable indication that such partner is now deceased. State Bar of Texas The use of dates to the side of the person's name is an accepted method of indicating that the partner is deceased or retired. (See Opinion 287).

Tex. Comm. On Professional Ethics, Op. 375 (1974)