Question:  Lawyer is retired from a law firm in which Lawyer’s name is included in the name of the law firm.  Lawyer is no longer participating in, or affiliated with, the law firm.  May law firm continue to use Lawyer’s name in the name of the law firm?

Answer:  Pursuant to Rule 4-7.5, the name of a retired lawyer who is no longer participating in, or affiliated with, the law firm may not be used to identify that law firm unless the name has become so well known that it is considered to be a trade name.  See Rule 4-7.5, Comment [1], Missouri Informal Opinions 980185, 950138, 20000057, 20000231, 20010065, and 960108.  A law firm name may not be false and misleading per Rule 4-7.1 and must comply with substantive law.

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.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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