Professional Ethics Committee for the State Bar of Texas
Topic: “Under the Texas Disciplinary Rules of Professional Conduct, may the remaining lawyers in a law firm continue to use, in the name of their firm, the name of a lawyer who left the firm to practice independently from the firm and who has consented to the law firm’s continuing use of his name in the firm name?”
Under Rule 7.01(a),
“(a) 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 name, or a firm name containing names other than those of one or more of the lawyers in the firm, except that…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…”
Under Rule 7.01(a) a law firm cannot practice under a firm name containing names other than the lawyers inside the firm, except that a law firm may continue to use the name of a lawyer who “retires” from practice (i.e. who has concluded his professional career). This latter exception does not apply in case of a lawyer who continues to practice independently from law firm.
Conclusion of the Committee:
“Under the Texas Disciplinary Rules of Professional Conduct, a lawyer or lawyers remaining in a law firm are not permitted to continue to use in their firm name the name of a lawyer who has left the firm to open his own law practice. This conclusion is not affected by whether or not the lawyer who left the firm has consented to such arrangement.”
Rules: Texas Disciplinary Rules of Professional Conduct 7.01(a) and (d)
Cited opinions: Professional Ethics Committee Opinion 466 (October 1990)
The full text is available at http://www.legalethicstexas.com…