Starting a new law firm is a daunting task. Just like with launching any new business, there are a number of administrative and financial tasks to complete. And for lawyers starting a new firm, there can be additional requirements for building a practice, from implementing a conflicts screening system to setting up accounts for client funds.

Another significant task is deciding what to name the new firm. Naming a law firm involves considerations of ethics and marketing, and, at times, an honest assessment of what type of law practice the lawyer wants to have.

Here are some tips for how to ethically name a law firm.

The Name Cannot be False or Misleading

Rule 7.5(a) of the ABA Model Rules of Professional Conduct provides that a lawyer is not permitted to use a firm name that is false or misleading.  This is the cardinal rule of naming a law firm.

For instance, ABA Model Rule 7.5(d) provides that “[l]awyers may state or imply that they practice in a partnership or other organization only when that is the fact.” The comments to the rule observe that if lawyers who share office space but who are not in a partnership hang signage that says “Smith and Jones,” that could be misleading to the public because it suggests a partnership.

Is a Trade Name Appropriate?

A trade name—where, for example, a law firm is named after a region or type of law—is another permissible avenue for lawyers in the majority of jurisdictions. ABA Model Rule of Professional Conduct 7.5 says: “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.” Rule 7.1 prohibits “false and misleading communications.” So, for example, a name like “Main Street Criminal Defense Firm” might be acceptable, but a name like “Main Street Legal Aid” might imply a connection with the government or with a charitable agency, which could be misleading.

Law firms should also be wary of names that could imply that the firm can obtain a successful outcome for clients, regardless of the facts of the case. For example, a firm called “No Jail for DUIs in Gotham City” could be problematic. It would likely be fine to identify the geographic location of the firm, but any promises regarding the outcome of a representation, such as the suggestion that the firm’s clients will never face jail for DUIs, would likely be viewed as misleading to the public.

The rules also recognize that firms may advertise themselves based on a website name or something other than a traditional brick-and-mortar law office. The comments to the ABA Model Rules also note that a firm may be identified “by a distinctive website address or comparable professional designation.”

What Happens If a Named Partner Dies or Leaves the Firm?

A law firm’s name often helps it build a reputation that is tied to the successes of the lawyers practicing in that firm. So what happens if the named partner of the firm dies or leaves the firm? Comment [1] to ABA Model Rule of Professional Conduct 7.5 provides that firm names consisting of the names of deceased partners are “a useful means of identification.”

Where a named partner has died, the ABA Model Rules recognize that “any firm name including the name of a deceased partner is, strictly speaking, a trade name.” It is generally proper to use the name of a deceased partner in a firm name where that lawyer was associated with the firm or with a predecessor of the firm. Indeed, many long-standing firms are named after founding partners from decades ago; continuing the name makes good business sense for many firms.

Where a lawyer has retired from the firm, whether the firm name must change typically depends on why the partner is leaving and whether the named partner is continuing to practice law. Where a named partner leaves the firm to practice law somewhere else, keeping that partner’s name on the door could be misleading to the public.

D.C. Bar Legal Ethics Committee Opinion 277 addressed this issue and noted: “The continued use of the name of a withdrawn partner not practicing elsewhere is akin to that of a deceased or retired partner—neither is associated with the law firm, and neither is practicing law. … It is, however, misleading (and therefore a violation of Rule 7.5(a)) to include in a firm name the name of a lawyer practicing elsewhere. Under such circumstances, … the possible identifying value of the firm name as a trade name yields to the greater possibility that the public will be misled by retention of the departed lawyer’s name in the firm name.”

Where a named partner leaves the firm to retire, however, the firm is typically able to keep the name. But if the named partner has left the firm to hold public office (even where that public office does not involve the practice of law), ABA Model Rule of Professional Conduct 7.5(c) provides that “[t]he 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.”

By being aware of the rules governing law firm names, lawyers can move forward with a firm name that helps them maximize their potential for growth without running afoul of any requirements.