(b) A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.
(c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.
Comment
[1] A firm may be designated by the names of all
or some of its members, by the names of deceased members where there
has been a continuing succession in the firm’s identity, or by
a trade name such as the “ABC Legal Clinic.” A lawyer or
law firm may also be designated by a distinctive website address or
comparable professional designation. Although the United States Supreme
Court has held that legislation may prohibit the use of trade names
in professional practice, use of such names in law practice is acceptable
so long as it is not misleading. If a private firm uses a trade name
that includes a geographical name such as “Springfield Legal Clinic,”
an express disclaimer that it is a public legal aid agency may be required
to avoid a misleading implication. It may be observed that any firm
name including the name of a deceased partner is, strictly speaking,
a trade name. The use of such names to designate law firms has proven
a useful means of identification. However, it is misleading to use the
name of a lawyer not associated with the firm or a predecessor of the
firm. It is also misleading to continue to use the name of a lawyer
formerly associated with the firm who currently is practicing elsewhere.
See D.C. Bar Legal Ethics Committee Opinion 277.
[2] With regard to paragraph (d), lawyers sharing
office facilities, but who are not in fact associated with each other
in a law firm, may not denominate themselves as, for example, “Smith
and Jones,” for that title suggests that they are practicing law
together in a firm.
