Could a Tennessee lawyer name a firm 'X (City) Legal Clinic of Y. Z. (Attorney), P.C.'?

Currency note

The Board of Professional Responsibility vacated this opinion on September 11, 2015 due to changes in the law or rules. It was also issued in 1982, before Tennessee's adoption of the 2003 Rules of Professional Conduct, which replaced the former Code of Professional Responsibility. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Plain-English summary

An attorney asked about the propriety of incorporating and doing business as "X (name of city) Legal Clinic of Y. Z. (name of Attorney), P.C."

The opinion explained that Disciplinary Rule 2-102(B) of the Code of Professional Responsibility prohibits firm names that are misleading as to the identity of the attorney or attorneys practicing in the firm, while professional corporations or associations may include "P.C." or "P.A." to indicate the nature of the firm. It surveyed ABA Committee on Professional Ethics precedent: the ABA had disapproved "and Co." (Informal Opinion 377), "McCarrus Claim Service" (Informal Opinion 375), and "Northern Law Clinic" (Informal Opinion 376), while approving "The Firm of A. B. Smith" (Informal Opinion 369), "Jones Brothers" (Informal Opinion 370), "H. C. & Son" (Formal Opinion 219), and "Blank Law Office" (Informal Opinion 371).

Applying that framework, the Committee held that the proposed name, which named the individual attorney within a "Legal Clinic" designation and identified the city, was proper.

Common questions

Q: Was "X (City) Legal Clinic of Y. Z. (Attorney), P.C." a permitted firm name?

A: Yes, under this opinion. The Committee held "the use of the firm name of 'X (name of city) Legal Clinic of Y. Z. (name of Attorney), P.C.' is proper."

Q: Is this opinion still good law?

A: No. It carries a vacatur notice: "Vacated by the Board of Professional Responsibility on September 11, 2015 due to changes in the law or rules." It is indexed here for historical research only; the Board's Formal Ethics Opinion 83-F-40 the following year found a different name, "The Right Lawyer, P.C.," improper by contrast.

Background and rules framework

The opinion applied Disciplinary Rule 2-102(B) of the Tennessee Code of Professional Responsibility, which barred firm names misleading as to the identity of the firm's lawyers, and surveyed ABA Informal and Formal Opinions on similar clinic-style and descriptive firm names. The modern correlate is Model Rule 7.5 (firm names and letterheads), noted here as a navigational cross-reference; this vacated opinion should not be relied on for the current standard.

Citations and references

Rules of Professional Conduct:

• DR 2-102(B) (firm names; trade names), Tennessee Code of Professional Responsibility
• Model Rule 7.5 (firm names and letterheads), modern correlate

Other opinions cited:

• ABA Committee on Professional Ethics, Informal Opinion 377: "and Co." disapproved
• ABA Committee on Professional Ethics, Informal Opinion 375: "McCarrus Claim Service" disapproved
• ABA Committee on Professional Ethics, Informal Opinion 376: "Northern Law Clinic" disapproved
• ABA Committee on Professional Ethics, Informal Opinion 369: "The Firm of A. B. Smith" approved
• ABA Committee on Professional Ethics, Informal Opinion 370: "Jones Brothers" approved
• ABA Committee on Professional Ethics, Formal Opinion 219: "H. C. & Son" approved
• ABA Committee on Professional Ethics, Informal Opinion 371: "Blank Law Office" approved

See also

• Tennessee Op. 83-F-40: "The Right Lawyer, P.C." Was a Prohibited Trade Name (Vacated)
• Tennessee Op. 2017-F-164: Proposed Interstate Law Firm Using a Trade Name (SETCO Law)

Source

• Landing page: https://www.tbpr.org/ethic_opinions/82-f-37

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

82-F-37 - Vacated*

*Vacated by the Board of Professional Responsibility on September 11, 2015 due to changes in the law or rules.

FORMAL ETHICS OPINION 82-F-37

Inquiry is made concerning the propriety of an attorney incorporating and doing business as "X (name of city) Legal Clinic of Y. Z. (name of Attorney), P.C."

Disciplinary Rule 2-102(B) of the Code of Professional Responsibility prohibits the use of law firm names that are misleading as to the identity of the attorney or attorneys practicing in the firm. Professional corporations or associations may contain "P.C." or "P.A." in indicating the nature of the firm.

In the selection and use of a firm name, no false, misleading, assumed or trade name should be used. The American Bar Association Committee on Professional Ethics has disapproved the use of "and Co." (Informal Opinion 377), "McCarrus Claim Service" (Informal Opinion 375) and "Northern Law Clinic" (Informal Opinion 376) as firm names. However, it has held "The Firm of A. B. Smith" (Informal Opinion 369), "Jones Brothers" (Informal Opinion 370), "H. C. & Son" (Formal Opinion 219) and "Blank Law Office" (Informal Opinion 371) proper.

In response to this inquiry, it is the opinion of the Committee that the use of the firm name of "X (name of city) Legal Clinic of Y. Z. (name of Attorney), P.C." is proper.

This 14th day of December, 1982.

ETHICS COMMITTEE:

W. J. Flippin

Edwin C. Townsend

APPROVED AND ADOPTED BY THE BOARD