MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 2004-15
Propriety of using the name www.marylandadoption.us as a website address.
You have asked for an opinion as to the propriety of using the name www.marylandadoption.us as a website address, otherwise known as a domain name, for your law practice.
The Committee notes that you advertised the website address www.marylandadoption.us in your yellow page advertisements, which were issued, but at the time of your inquiry, the actual website had merely "been registered", and was "under construction". In sum, the website is not currently in use.
The use of an internet web page is an advertisement within the meaning of Rule 7.2. See Maryland Ethics Opinion 97-26. Domain names, however, are not primarily intended to communicate or advertise a lawyer's services, as long as they do not include descriptive phrases. See Maryland Ethics Opinion 02-18.
Your domain name contains the descriptive phrase "Maryland adoption" to distinguish your practice. When a domain name includes a descriptive phrase, it can be construed as an advertisement, and Rule 7.2 requires the disclosure of the identity of lawyers advertising their services. The Committee has opined that, if it is not possible to register a domain name including the name of the lawyer, then the lawyer must fully disclose his identity in all of the publications in which the domain name appears. See Maryland Ethics Opinion 02-18. Thus, as you stated in your letter, compliance with Rule 7.2 would appear to solve any problems.
The use of the word "Maryland" in your domain name, however, is problematic because the Committee is of the opinion that a domain name is a professional designation. Professional designations are subject to Rule 7.5. 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
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 non-lawyers 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 Comment to Rule 7.5 further states that "[t]he 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"…"
Since your domain is an advertisement or a communication about your practice, it is also subject to Rule 7.1, which prohibits a lawyer from making false or misleading communications about the lawyer or the lawyer's practice. The rule further states that,
"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…"
It is the opinion of the Committee that the use of the descriptive phrase "Maryland adoption" is misleading. A potential client might misinterpret the name www.marylandadoption.us to mean that you are affiliated with or endorsed by the state of Maryland, some other public or governmental organization in Maryland, or that your firm is funded with public contributions.
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." Therefore, it is the opinion of the Committee that the name www.marylandadoption.us is prohibited by Rules 7.1, and 7.5.
Thank you for your inquiry. We trust that this opinion has been responsive.
REFERENCES:
Opinions of the Maryland Ethics Committee: 1997-26, 2002-18
Maryland Rules of Professional Conduct: 7.1, 7.2, 7.5