Could a Tennessee law firm operate under a trade name like 'The Right Lawyer, 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 1983, 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 Treat this page as historical context, not current guidance.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

The Board was asked about the propriety of a law firm operating and doing business as "The Right Lawyer, P.C."

The opinion explained that Disciplinary Rule 2-102(B) of the Code of Professional Responsibility prohibits the use of trade names or names that are misleading as to the identity of the attorney or attorneys practicing in the firm. It noted that the ABA Committee on Professional Ethics, in Informal Opinion 376, had held the use of "Northern Law Clinic" improper, while Tennessee's own Formal Ethics Opinion 82-F-37 had held that "X (name of City) Legal Clinic of Y. Z. (name of Attorney), P.C." was proper, subject to the rule that no false, misleading, assumed or trade name may be used.

Applying that standard, the opinion concluded that "The Right Lawyer, P.C." was false, misleading, and an assumed or trade name, and that its use was therefore prohibited by Disciplinary Rule 2-102(B).

Common questions

Q: Could a Tennessee firm call itself "The Right Lawyer, P.C."?

A: No. The opinion held that "the use of the firm name of 'The Right Lawyer, P.C.' is false, misleading and constitutes the use of an assumed or trade name all of which is prohibited by Disciplinary Rule 2-102(B)."

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.

Background and rules framework

The opinion applied Disciplinary Rule 2-102(B) of the Tennessee Code of Professional Responsibility, which barred trade names or names misleading as to the identity of the firm's lawyers, and drew on ABA Informal Opinion 376 and Tennessee's own Formal Ethics Opinion 82-F-37 for how that standard had been applied to clinic-style firm names. The modern correlate is Model Rule 7.5 (firm names and letterheads), noted here as a navigational cross-reference; Tennessee's current advertising rules govern firm-name propriety today, and 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 376: use of "Northern Law Clinic" held improper
• Tennessee Formal Ethics Opinion 82-F-37: "X (City) Legal Clinic of Y. Z., P.C." held a proper firm name

See also

• Tennessee Op. 2017-F-164: Proposed Interstate Law Firm Using a Trade Name (SETCO Law)
• Tennessee Op. 84-F-64: Firm Naming in a Non-Partnership Arrangement

Source

• Landing page: https://www.tbpr.org/ethic_opinions/83-f-40

Original opinion text

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

83-F-40 - Vacated*

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

FORMAL ETHICS OPINION 83-F-40

Inquiry is made concerning the propriety of a law firm operating and doing business as 'The Right Lawyer, P.C.'.

Disciplinary Rule 2-102(B) of the Code of Professional Responsibility prohibits the use of trade names or names that are misleading as to the identity of the attorney or attorneys practicing in the firm.

The American Bar Association Committee on Professional Ethics in Informal Opinion 376 held that the use of "Northern Law Clinic" was improper. Tennessee Formal Ethics Opinion 82-F-37 held that the use of "X (name of City) Legal Clinic of Y. Z. (name of Attorney), P.C." was proper but further held that no false, misleading, assumed or trade name should be used.

The use of the firm name of "The Right Lawyer, P.C." is false, misleading and constitutes the use of an assumed or trade name all of which is prohibited by Disciplinary Rule 2-102(B).

This 14th day of April, 1983.

ETHICS COMMITTEE:

F. Evans Harvill

Oscar B. Hofstetter, Jr.

William R. Willis

APPROVED AND ADOPTED BY THE BOARD