MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 2004-09
Propriety of using the name USA LAW INC. for law practice.
You have asked for an opinion as to the propriety of using the name USA LAW INC. for your law practice. You state that you believe that the name does not violate Rule 7.5 because you do not think it implies a connection with a government agency or with a public or charitable legal services organization. You also contend that the name is not a misleading communication about the lawyer or the lawyer's services. You state that the name means nothing more than a group of attorneys who are associated in the form of a corporation to practice law. Your business plan is to become known for expertise in the area of homeland security. You point out that many companies use the name "USA" as part of their trade name.
Rule 7.5 addresses the use of firm names and letterheads. Rule 7.5(a) states:
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
Rule 7.1 addresses communications concerning a lawyer's services and prohibits a lawyer from making a false or misleading communication about the lawyer or the lawyer's services.
The Comment to Rule 7.5 provides further insight into the prohibition on the use of a trade name that implies a connection to a government agency or public or charitable legal services organization. It states as follows:
A lawyer in private practice may not practice under a name which implies any connection with the government or any agency of the federal government, any state or any political subdivision or with a public or charitable legal services organization. This is to prevent a situation where nonlawyers might conclude that they are dealing with an agency established or sanctioned by the government, or one funded by either the government or public contributions and thus charging lower fees. The use of any of the following ordinarily would violate this Rule:
1. The proper name of a government unit, whether or not identified with the type of unit. Thus, a name could be the basis of a disciplinary proceeding if it included the designation "Annapolis" or "City of Annapolis," "Baltimore," or "Baltimore County," "Maryland," or "Maryland State"(which could be a violation as a confusing although mistaken reference to the state or under the third application of this instruction below).
2. The generic name of any form of government unit found in the same area where the firm practices, e.g., national, state, county or municipal.
Comment Rule 7.5.
It is the opinion of the Committee that the name "USA LAW INC." violates both Rules 7.1 and 7.5. A client may interpret the name to mean that you are licensed throughout the United States or that your firm is affiliated with or endorsed by a government agency, or that it is funded with public contributions. The fact that other businesses, products and services use "USA" as part of their name is irrelevant because these types of businesses are not subject to the Maryland Rules of Professional Conduct. See Ethics Opinions 01-27; 94-33. Furthermore, Maryland law firms are generally required to include the name of at least one lawyer responsible for the firm's conduct in its name. Cf. Rule 7.2(d). In addition, the Comment to Rule 7.5 states that "any doubt regarding the misleading connotations of a name may be resolved against use of the name." Accordingly, your firm name does not comply with the Rules of Professional Conduct. Finally, the Committee notes that the name "USA LAW INC." may also violate § 5-107 of the Corporations and Associations Article of the Annotated Code of Maryland, in that the name of a domestic professional corporation must contain the surname of one or more stockholders of the corporation.
REFERENCES:
Ethics Opinions: Ethics Dockets 01-27, 94-33