| Rule 7.5.Firm Names and Letterheads
|
|
|
Rule 7.5.Firm Names and Letterheads
(a)A lawyer shall not use or participate in the use of a firm
name, letterhead, professional card, office sign, telephone directory
listing, law list, legal directory listing, or other professional
designation that violates Rule 7.1.
(b)A lawyer in private practice shall not practice under a
tradename, a name that is misleading as to the identity of the lawyer or
lawyers practicing under such a name, or firm name containing names
other than those of one or more of the lawyers in the firm; provided,
the name of a professional corporation or professional association may
contain "P.C.", "L.L.C.", "L.L.P.", "P.A." or similar symbols indicating the
nature of the
organization, and a legal clinic which meets all of the criteria of a
legal clinic as defined by these rules may use "legal clinic" in its
name.
(c)A law firm with offices in more than one jurisdiction may
use the same name in each jurisdiction, but identification of the
lawyers in an office of the firm shall indicate the jurisdictional
limitations of those not licensed to practice in the jurisdiction where
the office is located.
(d)A firm may use, 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.
(e)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.
(f)Lawyers may state or imply that they practice in a
partnership or other organization only when that is a fact.
|
ANNOTATIONSSource:
(b) amended October 17, 1996, effective January 1, 1997.
COMMENT
The firm may be designated by the names of all or some of its members
or by the names of deceased members where there has been a continuing
succession in the firm's identity. It may be observed that any name
including
the name of a deceased partner is, strictly speaking, a tradename. The use of
such names to designate law firms is 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.
With regard to paragraph (f), lawyers sharing office facilities,
but who are not in fact partners, may not denominate themselves as, for
example, "Smith & Jones", for that title suggests partnership in the
practice of law.
A lawyer occupying a judicial, legislative, or public executive or
administrative position who has the right to practice law concurrently
may allow his or her name to remain in the name of the firm if the
lawyer actively continues to practice law as member thereof. Otherwise,
the name should be removed from the firm name, and the lawyer should not
be identified as a past or present member of the firm. In addition, the
lawyer should not hold himself or herself out as a practicing lawyer.
In order to avoid the possibility of misleading persons with whom
the lawyer deals, a lawyer should be scrupulous in the representation of
his or her professional status. The lawyer should not hold himself or
herself out as being a partner or associate of a law firm if the lawyer
is not one in fact, and thus should not hold himself or herself out as a
partner or associate if the lawyer only shares office space with another
lawyer.
COMMITTEE COMMENT
The Committee decided not to adopt the provision in ABA proposed
Model Rule 7.5 which permits lawyers to practice under a tradename. The
Committee determined that it would be misleading to the public if any
attorney practiced under a tradename. Firms develop "a persona" which
becomes known to the public, which might not be known if lawyers
practiced under a tradename. The Committee incorporated portions of
DR2-102(B) into Model Rule 7.5, paragraph (b) and (c). The Committee
also believes that incorporating EC2-12 and EC2-13 into the Comments is
helpful in providing guidance to practicing lawyers.
ANNOTATION
Conduct violating this rule in conjunction with other disciplinary rules is sufficient
to justify suspension. People v. Reed, 955 P.2d 65 (Colo. 1998).
|
|