Can my firm use a name like 'Discount Legal Services of Jones and Doe' or 'Jane Doe Trial Lawyers'?
Texas Ethics Opinion 529: Trade Names and Firm Names That Imply a Quality
Short answer: The Committee concluded that a lawyer may not practice under a firm name that, beyond the lawyers' names and words indicating the firm provides legal services, claims or implies any quality of the firm; names such as "The Legal Clinic of John Doe," "Jane Doe Trial Lawyers," "Discount Legal Services of Jones and Doe," and "Doe and Jones Lawmart" are prohibited trade names under Rules 7.01(a), 7.01(f), and 7.02(a).
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Texas Disciplinary Rules of Professional Conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.
Plain-English summary
The Committee was asked whether a lawyer may practice under a firm name that adds words to the lawyers' names, using examples like "The Legal Clinic of John Doe," "Jane Doe Trial Lawyers," "Discount Legal Services of Jones and Doe," and "Doe and Jones Lawmart." The Committee analyzed Rule 7.01(a), which bars practicing under a trade name, a name misleading as to the lawyers' identity, or a firm name containing names other than the firm's lawyers (with exceptions for entity designations like P.C. and for deceased or retired members), together with Rule 7.01(f) and Rule 7.02(a)'s bar on false or misleading communications.
The Committee read the rules to allow a firm name that contains the names of one or more of its lawyers plus words or symbols indicating the nature of the organization or that the firm provides legal services rather than some other product, giving "Jones, Smith & Doe," "Jones, Smith & Doe, P.C.," and "Law Offices of Jones, Smith & Doe" as permissible examples. It concluded, however, that a firm name claiming or implying any quality for the firm beyond the fact that it renders legal services is a prohibited trade name under Rule 7.01(a), and is also misleading under Rules 7.01(f) and 7.02(a) because words implying qualities of the firm's services are necessarily incomplete and not subject to ongoing verification.
Applying that standard, the Committee held that names like "The Legal Clinic of John Doe," "Jane Doe Trial Lawyers," "Discount Legal Services of Jones and Doe," and "Doe and Jones Lawmart" are trade names prohibited by the Texas rules. The Committee stated that Opinion 398, which had addressed related questions under the prior Texas Code of Professional Responsibility, is superseded by this opinion.
Currency note
This opinion was issued in 1999, under the Texas Disciplinary Rules of Professional Conduct that took effect January 1, 1990. Texas did not adopt the ABA's Ethics 2000 revisions; its rules have been amended only piecemeal since (including the March 1, 2005 amendment to the fee rule, Rule 1.04, and the comprehensive 2021 revisions adopted by Texas Supreme Court order). The firm-name and advertising rules in Part VII were among the rules later revised. 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 use a trade name like 'Trial Lawyers' or 'Discount Legal Services'?
A: No. The Committee concluded that a firm name claiming or implying a quality of the firm beyond the fact that it provides legal services is a prohibited trade name under Rule 7.01(a) and is misleading under Rules 7.01(f) and 7.02(a).
Q: What firm names are permitted?
A: The Committee concluded a firm may use the names of one or more of its lawyers plus words or symbols showing the nature of the organization or that it provides legal services, giving "Jones, Smith & Doe," "Jones, Smith & Doe, P.C.," and "Law Offices of Jones, Smith & Doe" as examples.
Q: Why are quality-implying words treated as misleading?
A: The Committee reasoned that words in a name claiming or implying qualities of the firm's legal services are necessarily incomplete and not subject to verification on an ongoing basis, which makes them misleading under Rule 7.02(a).
Background and rules framework
The opinion interprets Texas Disciplinary Rule 7.01 (firm names and letterhead, ABA Model Rule 7.5) and Rule 7.02(a) (communications concerning a lawyer's services; false or misleading communications, ABA Model Rule 7.1). The analysis turned on the distinction between words that merely indicate the firm provides legal services (permitted) and words that claim or imply a quality of the firm (prohibited trade name).
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services)
- MR 7.5 (firm names and letterheads)
- Texas Disciplinary Rules 7.01(a), 7.01(f), 7.02(a)
Other opinions cited:
- Tex. Ethics Op. 398 (July 1979): addressed related trade-name questions under the prior Texas Code of Professional Responsibility; superseded by this opinion
See also
- TX Ethics Op. 617: Out-of-State Trade Name by a Dual-Licensed Lawyer
- TX Ethics Op. 632: Reporting Another Lawyer's Prohibited Trade Name
- TX Ethics Op. 550: Lawyer Use of 'Doctor' and 'J.D.' Titles
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-529/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_529.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative. The source text encoded curly quotation marks and omission marks with unreadable characters; these have been restored as standard quotation marks and ellipses.
QUESTION PRESENTED
May a lawyer practice law under a trade name that includes words in addition to the names of one or more lawyers who practice with (or previously practiced with) the firm? For example, may a lawyer practice under firm names such as "The Legal Clinic of John Doe," "Jane Doe Trial Lawyers," "Discount Legal Services of Jones and Doe" and "Doe and Jones Lawmart?"
DISCUSSION
Rule 7.01(a) sets forth the basic rule with respect to the name under which a lawyer may practice (all references to "Rules" in this opinion are to the Texas Disciplinary Rules of Professional Conduct):
(a) A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm, except that the names of a professional corporation, professional association, limited liability partnership, or professional limited liability company may contain "P.C.," "P.A.," "L.L.P.," "P.L.L.C.," or similar symbols indicating the nature of the organization, and if otherwise lawful a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession. Nothing herein shall prohibit a married woman from practicing under her maiden name.
Rule 7.01(f) requires that "A lawyer shall not use a firm name, letterhead, or other professional designation that violates Rule 7.02(a)." Rule 7.02(a) provides in part that "A lawyer shall not make a false or misleading communication about the qualifications or the services of any lawyer or firm. ..."
Comments 1 and 4 to Rule 7.01 set forth the following explanations for the Rules limiting the names under which lawyers may practice:
1. A lawyer or law firm may not practice law using a name that is misleading as to the identity of the lawyers practicing under such name, but the continued use of the name of a deceased or retired member of the firm or of a predecessor firm is not considered to be misleading. Trade names are generally considered inherently misleading. ...
4. With certain limited exceptions, paragraph (a) forbids a lawyer from using a trade name or fictitious name .... In a largely overlapping measure, paragraph (f) forbids the use of any such name or designation if it would amount to a "false or misleading communication" under Rule 7.02(a).
The Rules quoted above allow a lawyer to practice under a firm name that contains names of one or more lawyers who practice, or have practiced, with the law firm together with words or symbols to indicate the nature of the organization or the fact that the firm provides legal services (rather than some other service or product). Thus, for a law firm composed of Ms. Jones, Mr. Smith, and Ms. Doe, permissible firm names would include "Jones, Smith & Doe," "Jones, Smith & Doe, P.C.," and "Law Offices of Jones, Smith & Doe."
However, in the opinion of the committee, a law firm name that claims or implies any quality for the firm beyond the fact that the firm renders legal services is a trade name in violation of Rule 7.01(a). Such a name is also prohibited by Rules 7.01(f) and 7.02(a) as misleading communication because words in a trade name claiming or implying qualities of a firm's legal services necessarily would be incomplete and would not be subject to verification on an ongoing basis. Thus, law firm names such as "The Legal Clinic of John Doe," "Jane Doe Trial Lawyers," "Discount Legal Services of Jones and Doe," and "Doe and Jones Lawmart" are trade names prohibited by the Texas Disciplinary Rules of Professional Conduct.
Professional Ethics Committee Opinion 398 (Texas Bar Journal, July 1979, p. 610), which addressed related questions under the Texas Code of Professional Responsibility (effective until Jan. 1, 1990), is superseded by this opinion.
CONCLUSION
Under the Texas Disciplinary Rules of Professional Conduct, a lawyer may not practice law under a trade name that includes, in addition to permitted names of lawyers, words that claim or imply qualities for the law firm beyond the fact that the firm provides.
Tex. Comm. On Professional Ethics, Op. 529 (1999)