UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 03-04
Facts
Attorney seeks to establish a private law practice under the firm name, “Capitol Counsel, L.L.C..” Attorney will practice primarily in the areas of lobbying and government relations, will appear before administrative bodies, and will offer medical debt collection services.
Questions
May Attorney engage in the practice of law under the firm name, “Capitol Counsel, L.L.C.”?
Summary
The practice of law under the trade name “Capitol Counsel, L.L.C.” does not violate the South Carolina Rules of Professional Conduct.
Opinion
The use of a trade name by a law practice is governed by Rule 7.5. The rule provides:
(a) 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 aim behind Rule 7.5 is made clear by its reference to Rule 7.1. The opening sentence of 7.1 states: “A lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer or the lawyer’s services.”
The problems arising from the use of a trade name which implies “a connection with a government agency or with a public or charitable legal services organization” are manifest, both in their confusion for the client and the potential unfair advantage for the law firm in question.
Trade names which do not violate 7.5 are clearly sanctioned. Even the use of a geographical designation in a trade name does not necessarily violate the rule, though “an express disclaimer that it is not a public legal aid agency may be required to avoid a misleading implication.” Comment, Rule 7.5, SCRPC (using example “Springfield Legal Clinic”).
The word “capitol” refers to “a building in which a state legislature meets.” Webster’s II New Twentieth Century Dictionary 227 (1994). As such it is analogous to, though less likely to confuse than, an actual geographical designation. Certainly, “Capitol Counsel, L.L.C.” is substantially less likely to be mistaken as a public agency than is “Columbia Counsel, L.L.C.” Cf., S. C. Bar Eth. Adv. Op. #91-27 (use of trade name “Workers Compensation Legal Clinic” violative of 7.5 “because it implies that the clinic is sponsored by the Worker’s Compensation Commission”).
No state agencies include the word “capitol” in their nomenclature. Without conducting an exhaustive review of all of this state’s “public legal aid agenc[ies]”, it seems unlikely that any such agency in South Carolina employs the word “Capitol” in its name. Inclusion of the corporate designation “L.L.C.” further clarifies that the entity is a private corporation, not a public entity.
In our opinion, the trade name “Capitol Counsel. L.L.C.” does not violate Rule 7.5.