GUAM BAR ETHICS COMMITTEE
Ethics
Advisory Opinion 03-002
June 10, 2003
Firm
Name; Deceased Partner
INTRODUCTION
The
Guam Bar Ethics Committee has received a request for an advisory
opinion on the propriety of the continued use a firm name when one
of the named-partners passes away.
QUESTION
PRESENTED
Whether it is proper for a law firm to continue using its name when
one of the named-partners of the firm passes away.
SHORT
ANSWER
Yes. A firm may continue to use its name when one of the named-partners
of the firm passes away.
DISCUSSION
In general, a law firm may continue to use the name of retired or
deceased partner in its firm name provided that there is no implication
that, in the case of a retired partner, the partner is still practicing
with the firm, that the retired partner is not practicing elsewhere
and the firm is otherwise legally entitled to use the partner’s
name See e.g., ABA Comm. on Ethics and Professional Responsibility,
Informal Op. 85-1511 (1985).
The relevant Guam Rule provides: “[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.” Guam Rules of Professional Conduct
7.5(a) (1994). The Comment to the corresponding ABA Model Rule provides
that “[I]t may by observed that any firm name including the
name of a deceased partner is, strictly speaking, a trade name.
The use of such names to designate law firms has proven a useful
means of identification. However, it is misleading to use the name
of a lawyer not associated with the firm or a predecessor of the
firm.” ABA Model Rules of Professional Conduct 7.5, cmt. (1999).
The Model Code of Professional Responsibility had provided, in part:
“A lawyer in private practice shall not practice under a trade
name, a name that is misleading as to the identity of the lawyer
or lawyers practicing under such a name, or a firm name containing
names other than those of one or more of the lawyers in the firm,
except that the name of a professional corporation or professional
association may contain ‘P.C.’ or ‘P.A.’
or similar symbols indicating the nature of the organization, and
if otherwise lawful a firm may use as, or continue to include in,
its name the name or names of one or more deceased or retired members
of the firm or of a predecessor firm in a continuing line of succession.”
DR 2-102(B) of the Model Code of Professional Responsibility.
Rule 7.5 does not specifically authorize use of the names of deceased
or retired partners as the predecessor Model Code DR 21-102(B) did.
However, the ABA has observed that the comment clearly implies that
use of the name of a deceased partner or the name of a lawyer who
was associated with a predecessor of the firm is permitted under
the trade name authorization of Rule 7.5 See ABA Comm. on Ethics
and
Professional Responsibility, Informal Op. 85-1511 (1985) (“The
Model Rule provision relaxes substantially the restrictions of the
Model Code, and it is clear in this context that Rule 7.5 was not
intended to prohibit use of names of deceased and retired partners
as was specifically permitted under the Model Code.”).
CONCLUSION
Therefore, the continued use by a law firm, in its firm name, of
a deceased named partner does not violate the Guam Rules of Professional
Conduct.
Dated: _________________________
By: _____________________________
Duncan G. McCully
GBEC Chairman
Dated:
_________________________
By: _____________________________
Alberto E. Tolentino
GBEC Prosecuting Counsel