Can a Texas lawyer run a pro bono nonprofit law firm under a name that describes the services and includes the name of someone who was never a lawyer in the firm?
Texas Ethics Opinion 647: Naming a Pro Bono Nonprofit Law Firm for a Non-Lawyer
Short answer: Per the Committee, a Texas lawyer may not provide pro bono legal services through a nonprofit law firm under a name that describes the type of services and includes the name of a person who has never been a lawyer in the firm; the proposed name "Jane's Law Firm, A Free Legal Resource for Children with Autism" violates Rule 7.01(a) as a trade name, as misleading about the lawyer's identity, and as containing a non-lawyer's name.
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 opinion considers a Texas lawyer, motivated by his experience with an autistic granddaughter, who wants to provide free legal services to children with autism through a law firm organized as a nonprofit corporation. The proposed name is "Jane's Law Firm, A Free Legal Resource for Children with Autism," where "Jane" is the granddaughter's name, not a lawyer's.
The opinion analyzes the name under Rule 7.01(a), which bars practicing under a trade name, under a name misleading as to the identity of the lawyers practicing under it, or under a firm name containing names other than those of lawyers in the firm (with exceptions, such as for deceased or retired members, that the opinion finds inapplicable). Drawing on Commission for Lawyer Discipline v. C.R. for the meaning of "trade name," the opinion concludes the proposed name violates Rule 7.01(a) in three respects: it is a trade name; it is misleading as to the lawyer's identity because "Jane" is the granddaughter's name, not the lawyer's; and it contains the name of someone who has never been a lawyer in the firm.
The opinion concludes that the lawyer would not be permitted to provide legal services through the nonprofit corporation under that name. The opinion does not turn on the pro bono or nonprofit character of the practice; the firm-name rule applies regardless.
In practice
Under this opinion, and under the Texas rules as they stood in 2014, the analysis turns on the three independent defects the Committee identifies in the proposed name: it is a trade name, it misleads as to the lawyer's identity, and it includes a non-lawyer's name. The opinion holds that a firm name carrying any of these defects violates Rule 7.01(a), and that the pro bono and nonprofit nature of the practice does not change the result.
Common questions
Q: Can a Texas lawyer name a nonprofit law firm after the cause it serves?
A: Per Opinion 647, not where the name is a trade name, misleads as to the lawyer's identity, or includes the name of a person who has never been a lawyer in the firm; the proposed autism-services name violated Rule 7.01(a) on all three grounds.
Q: Does it matter that the services are free and the firm is a nonprofit?
A: No. The opinion applies Rule 7.01(a) to the firm name regardless of the pro bono or nonprofit character of the practice.
Q: Why was using the granddaughter's name a problem?
A: The opinion concludes the name was misleading as to the lawyer's identity and contained the name of a person ("Jane") who has never been a lawyer in the firm, both of which Rule 7.01(a) prohibits.
Background and rules framework
The opinion interprets Texas Disciplinary Rule of Professional Conduct 7.01(a), which prohibits practicing under a trade name, under a name misleading as to the identity of the lawyers practicing under it, or under a firm name containing names other than those of lawyers in the firm, subject to exceptions (such as for deceased or retired members) the opinion finds inapplicable. In the ABA Model Rules numbering of the time, the firm-name provisions correspond to Model Rule 7.5 and the false-or-misleading-communications standard to Model Rule 7.1.
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services; false or misleading communications)
- MR 7.5 (firm names and letterheads)
- Texas Disciplinary Rule 7.01(a) (trade names; misleading names; names other than those of firm lawyers)
Cases:
- Commission for Lawyer Discipline v. C.R., 54 S.W.3d 506 (Tex. App.-Fort Worth 2001, pet. denied), defining "trade name" in construing Rule 7.01
See also
- TX Ethics Op. 640: Assumed Firm Name Including an Employed Lawyer
- TX Ethics Op. 639: "Retired Judge" on Letterhead
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-647/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_647.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Under the Texas Disciplinary Rules of Professional Conduct, may a Texas lawyer provide pro bono legal services through a law firm organized by the lawyer as a non-profit corporation under a name that describes the type of legal services that will be provided and includes the name of a person who has never been a lawyer in the law firm?
STATEMENT OF FACTS
A Texas lawyer wishes to provide pro bono legal services to children with autism. The lawyer, who is motivated by his own experience with an autistic granddaughter, desires to assist children with autism and their families in navigating the public school system. All of the lawyer's services will be provided free of charge through a law firm organized as a non-profit corporation. The lawyer proposes to name the law firm "Jane's Law Firm, A Free Legal Resource for Children with Autism." "Jane" is the name of the lawyer's granddaughter but is not the name of a lawyer who has ever been in the firm.
DISCUSSION
Rule 7.01(a) of the Texas Disciplinary Rules of Professional Conduct states, in relevant part:
"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 . . . 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. . . . ."
Rule 7.01(a) provides other exceptions that are not relevant here.
The Disciplinary Rules do not define the term "trade name." In Commission for Lawyer Discipline v. C.R., 54 S.W.3d 506, 515 (Tex. App.-Fort Worth 2001, pet. denied), the court, in construing Rule 7.01, observed: "A trade name is a designation that is adopted and used by a person either to designate a good he markets, a service he renders, or a business he conducts."
In this case, the lawyer proposes to practice under a name that would violate Rule 7.01(a) in three respects. First, the proposed name constitutes a trade name. Second, the proposed name is misleading as to the identity of the lawyer practicing under the name because "Jane" is the name of the lawyer's granddaughter, not the lawyer. Finally, the proposed name contains the name of someone who has never been a lawyer in the firm.
Rule 7.01(a) does not permit a lawyer to provide legal services through a law firm organized by the lawyer as a non-profit corporation under a name that describes the type of legal services to be provided and that includes the name of a relative of the lawyer who has a condition that is the focus of the non-profit corporation but who has never been a lawyer in the firm. Consequently, in the circumstances considered, the lawyer would not be permitted to provide legal services through a non-profit corporation formed by him under the name "Jane's Law Firm, A Free Legal Resource for Children with Autism."
CONCLUSION
Under the Texas Disciplinary Rules of Professional Conduct, a Texas lawyer in private practice may not provide pro bono legal services through a law firm organized by the lawyer as a non-profit corporation under a name that describes the type of legal services that will be provided and includes the name of a person who has never been a lawyer in the law firm.
Tex. Comm. On Professional Ethics, Op. 647 (2014)