Can my firm name its real estate title department with the partners' initials, like 'ABC Equity Title Group,' and put only that name on the department's building sign and letterhead?

Plain-English summary

The inquiring attorney sought an advisory opinion on displaying a sign at the law firm's premises that uses the firm's initials to describe a real estate equity title department. Because the firm had outgrown its building, it acquired additional space in another building to house the real estate equity title section. The firm wants to differentiate the departments by using the first letter of each law partner's name as the name of the equity title department, placing that sign at the entrance and putting the new name and address on the firm's letterhead, so that the new building and letterhead would be adorned with the name "ABC Equity Title Group," with the firm's name appearing on neither the building nor the letterhead.

The panel said Rule 7.1 ("Communications Concerning a Lawyer's Services") should be addressed: a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services, and a communication is false and misleading if it contains a material misrepresentation of fact or law or omits a fact necessary to make the statement as a whole not materially misleading. It also cited Rule 7.5 ("Firm Names and Letterheads"), under which a lawyer shall not use a firm name, letterhead, or other professional designation that violates Rule 7.1, and a trade name may be used in private practice if it does not imply a connection with a government agency or with a public or charitable legal organization and is not otherwise in violation of Rule 7.1.

The panel concluded that the name for the equity title department is misleading and confusing to the public. It also stated that it did not understand why the law firm must use a different name. The panel noted its guidance is limited to the Rules of Professional Conduct and does not reach the State Ethics Code or other laws.

In practice

Under this opinion, a law firm's plan to brand its real estate title department with a name built from the partners' initials, and to display only that name on the department's building sign and letterhead without the firm's name, is misleading and confusing to the public under Rules 7.1 and 7.5. The opinion frames the department name as a professional designation subject to the false-or-misleading standard, and the panel questioned the need for a separate name at all.

Common questions

Q: Can we name our title department with the partners' initials and drop the firm name on its sign and letterhead?

A: Per the opinion, the panel found the proposed name misleading and confusing to the public under Rules 7.1 and 7.5.

Q: What makes the name a problem under the Rules?

A: Per the opinion, Rule 7.1 bars false or misleading communications about the lawyer's services, and Rule 7.5 bars a firm name or designation that violates Rule 7.1; the panel concluded the department name is misleading and confusing.

Q: Did the panel see a reason to use a separate department name?

A: Per the opinion, no; the panel stated it did not understand why the law firm must use a different name.

Background and rules framework

The opinion applies Rhode Island Rules 7.1 (communications concerning a lawyer's services) and 7.5 (firm names and letterheads), corresponding to the same-numbered Model Rules. The panel measured the proposed department name and letterhead against Rule 7.1's false-or-misleading standard, applied through Rule 7.5's designation and trade-name provisions, and found the name misleading and confusing.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.5 (firm names and letterheads)
• RI RPC 7.1, 7.5

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-50: "Benefits for the Injured" Sign Is Misleading Under 7.1
• RI EAP Op. 90-20: "Of Counsel" Designation for Out-of-State Firms' Rhode Island Office
• RI EAP Op. 91-42: Nonlawyer Paralegal Name May Not Appear Among Attorneys on Firm Materials

Currency note

This opinion was issued in early 1993 (Opinion 92-95, issued March 31, 1993), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 7.1 and 7.5 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended the lawyer-advertising and firm-name rules (Rules 7.1 and 7.5). 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 mentioned here.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2092-95.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS ADVISORY PANEL
Opinion 92-95, Request #325
Issued March 31, 1993

An attorney requests an advisory opinion regarding the propriety of displaying a sign on the law firm's premises which uses the law firm's initials to describe a real estate equity title department of that firm. The attorney states that because the law firm has outgrown its present building the firm acquired additional space in another building which would house the real estate equity title section of the law office. The firm would like to differentiate between the departments by using the first letter from each law partner's name as the name of the equity title department and place this sign at the entrance. In addition, the attorney would like to place this new name and address on the law firm's letterhead. Thus, the new building and letterhead would be adorned with the name "ABC Equity Title Group". The name of the law firm would not appear on either the building or letterhead.

The Panel believes that Rule 7.1 entitled "Communications Concerning a Lawyer's Services" should be addressed. The Rule states that:

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false and misleading if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

Rule 7.5 entitled "Firm Names and Letterheads" states that:

(a) 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 organization and is not otherwise in violation of Rule 7.1.

The Panel believes that the name for the "equity title department" is misleading and confusing to the public. The Panel also does not understand why the law firm must use a different name.

The Panel's guidance is restricted to interpretations of the Rules of Professional Conduct and does not extend to issues under the State Ethics Code or any other rules, regulations or laws that may have bearing on the issues raised by this inquiry.