ETHICS DOCKET NO. 2004-10

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2004-10

Propriety of using the name Consumer Legal Service, P.C. for law practice.

You have asked for an opinion as to the propriety of using the name Consumer Legal Services, P.C. for your law practice.

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:

4. The words "public," government," "civic," "legal aid," "community," "neighborhood," or other words of similar import suggesting that the legal services offered are at least in part publicly funded. Although names such as "Neighborhood Legal Clinic of John Doe" might otherwise appear unobjectionable, the terms "legal aid," "community" and "neighborhood" have become so associated with public or charitable legal services organizations as to form the basis of disciplinary proceedings.

Comment Rule 7.5.

It is the opinion of the Committee that the name "Consumer Legal Services, P.C." may well violate both Rules 7.1 and 7.5. A client may interpret the name to mean that you are affiliated with or endorsed by a public or charitable legal services organization, or that your firm is funded with public contributions. Finally, 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." 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). Accordingly, your firm name does not comply with the Rules of Professional Conduct.

You have also asked whether under the Maryland Corporation and Associations Code § 5-107(1), the Maryland Bar Association is the appropriate licensing unit to approve the trade name Consumer Legal Services, P.C. The Committee generally refrains from offering legal opinions. See Ethics Opinion 2000-03. Nevertheless, it is the opinion of the Committee that the appropriate licensing unit is the Maryland Court of Appeals. Id.; see also Ex parte Lord & Whip, 309 Md. 222 (1987).