When a law-firm member takes a judicial or public office that keeps the lawyer from practicing, can the firm keep the lawyer's name in its firm name and on its letterhead?

Plain-English summary

Opinion 28 (revised April 28, 1973; revised July 24, 1993) addressed a firm member elected or appointed to a judicial, legislative, or public executive or administrative office for a substantial period during which the lawyer would not actively and regularly practice with the firm, and whether the lawyer's name had to be removed from the firm name, letterhead, placards, and professional notices.

The Committee concluded that a lawyer should not hold himself out as offering legal counsel to the public while not actively and regularly practicing. Service in such a public office that prevents the lawyer from actively practicing for a substantial period also prevents holding himself out as a practicing lawyer; whether or not he retains the right to practice concurrently, his name should be removed from the firm name and he should not be identified as a past or present member. If he does retain the right to practice concurrently and actively continues to do so as a member, he may continue to be identified with the firm. But if the public office requires substantially all of his time, he cannot practice enough to avoid misleading those he deals with, so he must not hold himself out as a partner whether or not he remains one; and even if he remains a partner where permitted by law, using his name in the firm name or otherwise in connection with the firm is prohibited. The opinion grounded these conclusions in Canon 2 of the Code of Professional Responsibility, Ethical Considerations 2-12 and 2-13, Disciplinary Rules 2-102(B), (C), and (E), and Rule 7.5(e) and the comment to Rule 7.5 of the Colorado Rules of Professional Conduct. It added that a lawyer who keeps firm membership after assuming a government office may disqualify the firm, for statutory or ethical reasons, from representing clients before certain courts or agencies.

Currency note

This opinion was revised in 1973 and again on July 24, 1993, shortly after the Colorado Rules of Professional Conduct took effect (January 1, 1993); it predates Colorado's 2008 revisions to those rules. The opinion cites both the former Code of Professional Responsibility (Ethical Considerations and Disciplinary Rules) and Rule 7.5(e) of the Rules of Professional Conduct, a provision since amended. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a firm keep a partner's name on its letterhead after the partner becomes a judge?

A: No, under this opinion, where the office prevents the lawyer from actively and regularly practicing. The Committee concluded the lawyer's name must come off the firm name, letterhead, placards, and notices because holding him out as a practicing lawyer would be misleading.

Q: What if the lawyer can still practice part-time while holding the office?

A: The opinion concluded that if the lawyer retains the right to practice concurrently and actively continues to practice as a member, he may continue to be identified with the firm; but if the office takes substantially all his time, his name must not be used in connection with the firm even if he remains a partner.

Q: Does keeping the lawyer on the firm create other problems?

A: The opinion noted that a lawyer who retains firm membership after taking a government office may disqualify the firm, for statutory or ethical reasons, from representing clients before certain courts, legislative or executive bodies, or administrative agencies.

Background and rules framework

The opinion interprets the rules on firm names and letterheads, citing Canon 2 of the former Code of Professional Responsibility, Ethical Considerations 2-12 and 2-13, Disciplinary Rules 2-102(B), (C), and (E), and Rule 7.5(e) and its comment in the Colorado Rules of Professional Conduct. The corresponding Model Rule is 7.5 (firm names and letterheads).

Citations and references

Rules of Professional Conduct:

• Colo. RPC 7.5(e) / Model Rule 7.5 (firm names and letterheads; use of a name of a lawyer holding public office)

See also

• CBA Formal Op. 8: "Associates" on Letterhead
• CBA Formal Op. 9: Renting Office Space and Firm-Name Representations

Source

• Landing page: https://www.cobar.org/ethicsopinions
• Original PDF: https://www.cobar.org/Portals/COBAR/repository/ethicsOpinions/FormalEthicsOpinion_28_2011.pdf