Informal Opinion Number: 20000231
Rules: 4 dash–7.1; 4 dash–7.5
Information About Legal Services
Communication Concerning a Lawyer´s Services
Subject: Advertising and Solicitation; Firm Names
Summary: including associate lawyer's name in firm's name
QUESTION: Attorney’s firm is currently a professional corporation. One of the lawyers practicing in the firm, A, is not a shareholder. All of A’s compensation is paid as W2 wages. A does receive a bonus based upon the amount of work that A brings in. A does not share any of the expenses. A does not directly participate in the profits, except for salary and a simple pension plan. May A, who is not a shareholder of a professional corporation, have A’s name included in the professional corporation’s name?
ANSWER: It would violate Rules 4 dash–7.1 and 4 dash–7.5(f) to include A in the firm name. Including A in the firm name would imply that A is a shareholder in the professional corporation.
Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.
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