Can I advertise my solo practice on TV under a trade name like 'XYZ Law Associates' while keeping my own name on my letterhead and bank accounts?

Plain-English summary

The inquiring attorney, a sole practitioner considering television advertising, proposed to use a trade name in place of his or her own name in the advertisement while keeping the lawyer's name on the letterhead, bank accounts, and stationery. The attorney also intended to hire other attorneys as independent contractors for legal research, writing, and trial preparation. The attorney asked whether a trade name could be used for that limited purpose, and whether hiring the independent attorneys would create the appearance of a partnership in violation of Rule 7.5(d).

The panel applied Rule 7.1, which governs all communication about a lawyer's services, including advertising, firm names, and letterhead, and bars false or misleading communications, including those that contain a material misrepresentation of fact or omit a fact necessary to keep the statement from being materially misleading. It also applied Rule 7.5, which bars a firm name, letterhead, or professional designation that violates Rule 7.1, permits a private-practice trade name that does not imply a connection with a government agency or public or charitable legal-services organization and is not otherwise misleading, and allows a lawyer to state or imply practice in a partnership only when that is the fact.

Applying these rules, the panel concluded that the proposed trade name used in lieu of the lawyer's name for television advertising was misleading under Rule 7.1(a) because it misled the public about the lawyer's identity. It added that a trade name such as "XYZ Law Associates" implies a relationship that may be misleading as to the identity, status, and responsibilities of the lawyers involved in the office. The panel opined that the proposed trade name for the limited purpose of television advertising was a misleading communication about the inquiring attorney and his or her legal services.

Currency note

This opinion was issued in 1995, 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, and the rules on lawyer advertising and trade names have continued to evolve in light of later court decisions. 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.

Common questions

Q: Could the lawyer use a trade name just for the TV ad?

A: No. The opinion concluded that using a trade name in lieu of the lawyer's name for television advertising was misleading under Rule 7.1(a) because it misled the public about the lawyer's identity.

Q: Why was a name like "XYZ Law Associates" a problem?

A: The opinion reasoned that such a name implies a relationship that may be misleading as to the identity, status, and responsibilities of the lawyers involved in the office.

Q: Did keeping the lawyer's real name on the letterhead cure the problem?

A: The opinion did not treat that as curing it; it found the trade name used for the advertisement itself to be the misleading communication, notwithstanding the lawyer's name remaining on letterhead and accounts.

Background and rules framework

The opinion applied Rhode Island Rules of Professional Conduct 7.1 (Model Rule 7.1) and 7.5 (Model Rule 7.5) as they stood at the time. Rule 7.1(a) barred false or misleading communications about a lawyer's services, including material misrepresentations or misleading omissions. Rule 7.5(a) barred firm names and letterheads that violate Rule 7.1, while permitting non-misleading private-practice trade names, and Rule 7.5(d) allowed a lawyer to state or imply a partnership only when one exists. The panel treated a law-office name as a public communication about the lawyer's services subject to Rule 7.1.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / RI RPC 7.1(a) (communications concerning a lawyer's services; false or misleading communications)
• Model Rule 7.5 / RI RPC 7.5(a), 7.5(d) (firm names and letterheads; trade names; implying a partnership only when it exists)

See also

• RI EAP Op. 2026-02: Trade name "Contract House LLP" comports with Rules 7.5 and 7.1
• RI EAP Op. 88-03: Letterhead disclosure of single-state bar membership

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%2095-14.pdf

Original opinion text

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

FINAL

ETHICS ADVISORY PANEL
OPINION # 95-14, REQUEST # 573
Issued March 6, 1995

The inquiring attorney is a sole practitioner who is considering television advertising for his/her law practice. The inquiring attorney proposes to use a trade name in lieu of his/her name with regard to the advertisement while retaining his/her name on the letterhead, bank accounts and stationery. The inquiring attorney intends to hire other attorneys as independent contractors for legal research, writing and trial preparation as part of this law practice.

The inquiring attorney's concern is whether he/she may use a trade name for a limited purpose and whether the hiring of independent attorneys would create an appearance of a partnership in violation of Rule 7.5(d).

Rule 7.1 governs all communication regarding a lawyer's services, which includes advertising, firm names and letterhead. Rule 7.1(a) entitled "Communications Concerning a Lawyer's Services" states the following:

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or 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;

Equally applicable in this matter is Rule 7.5 entitled "Firm Names and Letterheads" which states in pertinent part:

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

(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.

Rule 7.1 states that a lawyer shall not make false or misleading statements about the lawyer or the lawyer's services and the subsections define what constitutes false and misleading communications. Rule 7.5(a) prohibits an attorney from using any firm name or letterhead that conveys misleading information. The name of a law firm is public communication regarding that lawyers' services and is also governed by Rule 7.1.

The inquiring attorney's proposed trade name in lieu of his/her name for advertisement purposes only is misleading under Rule 7.1(a) because the name misleads the public regarding the identity of the lawyer. In addition, a trade name such as "XYZ Law Associates" implies a relationship which may be misleading as to identity, status and responsibilities of the lawyers involved in the office. The Panel opines that the proposed trade name for the limited purpose of television advertising is a misleading communication about the inquiring attorney and his/her law services.