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PROPOSED RULE 7.5
FIRM NAMES AND LETTERHEADS
Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection
with a government agency or with a public or charitable legal services organization and is not
otherwise in violation of Rule 7.1.
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.
communications on its behalf, during any substantial period in which the lawyer is not actively and
regularly practicing with the firm.
that is the fact.
[1] A firm may be designated by the names of all or some of its members, by the names of
deceased or retired 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
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.
[2]Paragraph (c) does not require a change in a law firm’s name or letterhead when a
member of the firm interrupts his or her practice to serve, for example,as an elected member of the
practice with the firm at the end of the legislative session. Such a hiatus from practice is not for a
substantial period of time. If, however, a lawyer were to curtail his or her practice and enter public
service for a longer period of time, or for an indefinite period of time, the lawyer’s firm would have
to alter its name and letterhead.
[3]With regard to paragraph (d), lawyers sharing office facilities, but who are not in fact
partners, may not denominate themselves as, for example, "Smith and Jones," for that title suggests
partnership in the practice of law.
“Substantial”See Rule 1.0(l)
Unlike the Proposed Rule, which permits the use of trade names so long as they are not
misleading, DR 2-102(B) provides that "[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 . . . a firm may use as . . . 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."
The Proposed Rule does not include the requirement in DR 2-102(A) that professional
cards, letterheads, or similar professional notices, or devices, be “dignified.”
Paragraph (b) is comparable in substance to DR 2-102(D), which provides that a
partnership "shall not be formed or continued between or among lawyers licensed in different
jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and
in other permissible listings make clear the jurisdictional limitations on those members and
associates of the firm not licensed to practice in all listed jurisdictions; however, the same firm name
may be used in each jurisdiction."
Paragraph (c) is comparable to DR 2-102(B) except that it does not contain the specific
exemption for service in the General Assembly. The Committee’s proposal addresses that issue in
the Comment.
There is no counterpart in the Proposed to DR 2-102(E) that prohibits lawyers who are
engaged both in the practice of law and another profession or business from so indicating on their
letterheads, office signs or professionalism or from indicating that they are a lawyer in any
publication in connection with their other profession.
Made
1. To accommodate use by lawyers and law firms of the Internet, the Committee has added a
new sentence to Comment [1] to clarify that a law firm or lawyer may use distinctive website
addresses or other comparable professional designations.
2. The Board of Professional Responsibility has recommended the deletion of Rule 7.5 and
has more particularly voiced its opposition to permitting law firms to use trade names. The
Committee does not believe that trade names are any more inherently misleading than law firm
names that include the names of deceased or retired lawyers. Indeed, such firm names are trade
repeal of Rule 7.5. Rather, Rule 7.5(a) would need to be revised to prohibit, rather than permit, the
use of trade names. Apart from the trade name issue, the Committee believes that Paragraphs (b)
through (d) provide useful guidance to lawyers about specific problems involving law firm names.
Indeed the issues addressed by these paragraphs are currently addressed in DR 2-102(B), (C), and
(D).
PROPOSED RULE 7.6
INTERMEDIARY ORGANIZATIONS
prepaid legal insurance provider or a similar organization the business or activities of which
includes the referral of its customers, members, or beneficiaries to lawyers or the payment for or
provision of legal services to the organization's customers, members or beneficiaries in matters for
which the organization does not bear ultimate responsibility.
from an intermediary organization if the lawyer knows or reasonably should know that:
associated, or a lawyer with whom the lawyer is associated in a firm; or
prohibited by the Board of Professional Responsibility;Rules 7.1,
has not registered with the Board of Professional
Responsibility and complied with all reporting
[1] For there to be equal access to justice, there must be equal access to lawyers. For there
to be equal access to lawyers, potential clients must be able to find lawyers and have the economic
resources needed to pay the lawyers a reasonable fee for their services. In an effort to assist
nonlawyers alike
have formed a variety of organizations designed to bring clients and lawyers together and to provide
a vehicle through which the lawyers can be fairly compensated and the clients can afford the
services they need. Some of these intermediary organizations operate as charities. Others operate
as businesses. Because they ultimately bear the liability of their insureds, liability insurance
companies which pay for or otherwise provide lawyers to defend their insureds are not intermediary
organizations within the meaning of this Rule.
[2] The requirements set forth in paragraph (b) are intended to protect the clients who are
represented by lawyers to whom they have been referred or assigned by an intermediary
organization. It is the responsibility of each lawyer who would participate in the activities of an
intermediary organization to act reasonably to ascertain that the organization meets the stated
standards set forth in paragraph (b). Normally it will be sufficient for the lawyer to
ascertain that the organization has registered with the Board of Professional Responsibility and to
review the materials the organization has filed with the Board in compliance with the Board’s
reporting requirements. If, however, by virtue of his or her participation in the activities of an
intermediary organization, a lawyer comes to know that the organization does not meet the
activities of the organization and should so advise the Board of Professional Responsibility.
“Knows”See Rule 1.0(f)
“Reasonably Should Know”See Rule 1.0(k)
A lawyer shall not compensate or give anything of value to a person or organization to
recommend or secure the lawyer’s employment by a client, or as a reward for having made a
recommendation resulting in employment by a client, except that he may pay the usual and
reasonable fees or dues charged by any of the organizations listed in DR 2-103(D).
Lawyers shall not request a person or organization to recommend or promote the use
of their services or those of their partner or associate, or any other lawyer affiliated with
them or their firm, as a private practitioner, except as authorized by DR 2-101, and except
that:
Referrals may be requested from a lawyer referral service operated, sponsored,
or approved by a bar association and may pay its fees incident thereto.
The lawyer may cooperate with the legal service activities of any of the offices
or organizations enumerated in DR 2-103(D)(1) through (4) and may perform legal
services for those to whom the lawyer was recommended by it to do such work if:
The person to whom the recommendation is made is a member or
beneficiary of such office or organization; and
The lawyer remains free to exercise his or her independent
professional judgment on behalf of his client.
Lawyers or their partners or associates or any other affiliated lawyersmay be
recommended, employed or paid by, or may cooperate with, one of the following offices or
organizations that promote the use of their services or those of the partners or associates or
other affiliated lawyers if there is no interference with the exercise of independent
professional judgment in behalf of the client:
A legal aid office or public defender office:
organization.
Operated, sponsored, or approved by a bar association.
A military legal assistance office.
A lawyer referral service operated, sponsored, or approved by a bar association.
services to it members or beneficiaries provided the following conditions are
satisfied:
Such organization, including any affiliate, is so organized and operated
that no profit is derived by it from the rendition of legal services by lawyers,
and that, if the organization is organized for profit, the legal services are not
rendered by lawyers employed, directed, supervised or selected by it except
in connection with matters where such organization bears ultimate liability of
its member or beneficiary.
Neither lawyers, nor partners, nor associates, nor any other affiliated
lawyers, nor any non-lawyer, shall have initiated or promoted such
organization for the primary purpose of providing financial or other benefit
to such lawyer, partner, associate or affiliated lawyer.
Such organization is not operated for the purpose of procuring legal
work or financial benefit for any lawyer as a private practitioner outside of
the legal services program of the organization.
The member or beneficiary to whom the legal services are furnished, and
not such organization, is recognized as a client of the lawyer in the matter.
Any member or beneficiary who is entitled to have legal services
furnished or paid for by the organization may, if such member or beneficiary
so desires, select counsel other than that furnished, selected or approved by
the organization for the particular matter involved; and the legal service plan
of such organization provides appropriate relief for any member or
beneficiary who asserts a claim that representation by counsel furnished,
selected or approved would be unethical, improper or inadequate under the
circumstances of the matter involved and the plan provides an appropriate
procedure for seeking such relief.
is in violation of applicable laws, rules of court and other legal requirements
that govern its legal service operations.
Such organization has filed with the appropriate disciplinary authority at
least annually a report with respect to its legal service plan, if any, showing
its terms, its schedule of benefits, its subscription charges, agreements with
counsel, and financial results of its legal service activities or, if it has failed to
do so, the lawyer does not know or have cause to know of such failure.