GUAM BAR ETHICS COMMITTEE
Ethics Advisory Opinion 03-002
June 10, 2003
Firm Name; Deceased Partner
INTRODUCTION
The Guam Bar Ethics Committee has received a request for an advisory opinion on the propriety of the continued use a firm name when one of the named-partners passes away.
QUESTION PRESENTED
Whether it is proper for a law firm to continue using its name when one of the named-partners of the firm passes away.
SHORT ANSWER
Yes. A firm may continue to use its name when one of the named-partners of the firm passes away.
DISCUSSION
In general, a law firm may continue to use the name of retired or deceased partner in its firm name provided that there is no implication that, in the case of a retired partner, the partner is still practicing with the firm, that the retired partner is not practicing elsewhere and the firm is otherwise legally entitled to use the partner’s name See e.g., ABA Comm. on Ethics and Professional Responsibility, Informal Op. 85-1511 (1985).
The relevant Guam Rule provides: “[a] lawyer shall not use a firm name, letterhead or other professional designation that violates 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.” Guam Rules of Professional Conduct 7.5(a) (1994). The Comment to the corresponding ABA Model Rule provides that “[I]t may by 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.” ABA Model Rules of Professional Conduct 7.5, cmt. (1999).
The Model Code of Professional Responsibility had provided, in part: “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 a name, or a firm name containing names other than those of one or more of the lawyers in the firm, except that the name of a professional corporation or professional association may contain ‘P.C.’ or ‘P.A.’ or similar symbols indicating the nature of the organization, and if otherwise lawful a firm may use as, 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.” DR 2-102(B) of the Model Code of Professional Responsibility.
Rule 7.5 does not specifically authorize use of the names of deceased or retired partners as the predecessor Model Code DR 21-102(B) did. However, the ABA has observed that the comment clearly implies that use of the name of a deceased partner or the name of a lawyer who was associated with a predecessor of the firm is permitted under the trade name authorization of Rule 7.5 See ABA Comm. on Ethics and
Professional Responsibility, Informal Op. 85-1511 (1985) (“The Model Rule provision relaxes substantially the restrictions of the Model Code, and it is clear in this context that Rule 7.5 was not intended to prohibit use of names of deceased and retired partners as was specifically permitted under the Model Code.”).
CONCLUSION
Therefore, the continued use by a law firm, in its firm name, of a deceased named partner does not violate the Guam Rules of Professional Conduct.
Dated: _________________________
By: _____________________________
Duncan G. McCully
GBEC Chairman
Dated: _________________________
By: _____________________________
Alberto E. Tolentino
GBEC Prosecuting Counsel