Can a law firm keep showing its former name on letterhead or in ads after a named partner is suspended from practice?

Plain-English summary

Lawyer A, who had practiced in a partnership called A, B & C, was suspended from practice for two years. His partners would continue at the same location as B & C. The firm asked whether its letterhead could state that the firm was formerly known as A, B & C, and whether that former name could appear in a Yellow Pages advertisement.

The committee concluded the firm could not do either. While the Illinois Code did not directly address the disabilities of a suspended or disbarred lawyer or his former firm, the committee found the surviving firm may not show on its letterhead or in a Yellow Pages ad that it was formerly known by a name including the suspended lawyer's name. It contrasted opinions allowing a firm to list former firm names (Opinion 739; ABA Informal Opinion 1080) with Rule 2-102(a), which bars using in a firm name the name of a lawyer not actively practicing as a member during a significant period, and with EC 2-11 and 2-12.

The committee drew on a line of opinions (ISBA 666, 362, 262, 245; ABA Informal 1162, 1079) directed at minimizing contact between a suspended or disbarred lawyer and his former firm so as not to mislead the public about their relationship. Quoting ABA Informal Opinion 1079 (approved in ISBA Opinion 666), it noted a practicing lawyer may not be associated with a suspended lawyer and should leave no impression of a practice relationship. The committee found the public likely to be misled by the former name on the letterhead, and even more so by a Yellow Pages ad, which would more strongly suggest a continuing relationship.

Currency note

This opinion was issued in 1984, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 1990 (and later 2010) Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in July 2010 as generally consistent with the 2010 Rule (Rule 7.5), while cautioning that the specific standards referenced may differ from the 2010 Rules. 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 Treat this page as historical context, not current guidance.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 advertise that it was "formerly A, B & C" after partner A is suspended?

A: The opinion concluded no; the committee found that showing a former name including a suspended lawyer's name, on letterhead or in a Yellow Pages ad, is likely to mislead the public about a continuing relationship with him.

Q: Isn't listing a firm's former names generally allowed?

A: Per the opinion, opinions like ISBA 739 allow listing former firm names in general, but the committee distinguished the suspended-lawyer situation, where the line of opinions aims to minimize any impression of an ongoing association.

Q: Is a Yellow Pages ad treated differently from letterhead?

A: The committee said the ad is even more likely than letterhead to mislead the public into believing a continuing relationship exists, so it is likewise inappropriate.

Background and rules framework

The opinion applied former Illinois Code Rule 2-102(a) (use of names in firm names and professional notices) and Rule 3-103, with EC 2-11 and 2-12 (avoiding misleading firm names). The Board's 2010 affirmation maps the analysis to current Illinois Rule of Professional Conduct 7.5 (firm names and letterheads; see also Illinois Supreme Court Rule 764(b)), corresponding to ABA Model Rule 7.5, with the anti-misleading principle in Model Rule 7.1.

Citations and references

Rules of Professional Conduct:

• Illinois Code Rule 2-102(a), Rule 3-103, EC 2-11, EC 2-12 (applied in the opinion)
• Illinois RPC 7.5 (2010 equivalent per the Board's affirmation); Illinois Supreme Court Rule 764(b)
• MR 7.1 (misleading communications); MR 7.5 (firm names)

Other opinions cited:

• ISBA Opinion 739; ABA Informal Opinion 1080: a firm may list former firm names generally
• ISBA Opinions 666, 362, 262, 245; ABA Informal Opinions 1079, 1162: minimizing the appearance of a relationship with a suspended or disbarred lawyer

See also

• ISBA Ethics Op. 84-10: Using a Deceased Lawyer's Name
• ISBA Ethics Op. 85-02: Practicing Under a Name That Hides the Real Firm
• ISBA Ethics Op. 840: Network of Affiliated Law Firms
• RI Ethics Advisory Panel Op. 2001-07: Removing a Suspended Partner's Name From the Firm Name

Source

• Landing page: https://www.isba.org/ethics/opinions/865