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 96-01
May a law firm identify itself as having been "established" in the year that the original founding partner began his legal practice with a firm?
Summary:
Yes, as long as the founding partner's name appears in the firm's name and as long as his or her practice with the law firm and/or predecessor firm(s) has been "continuous" according to Rule 7.5.
Opinion:
Rule 7.5(a) of the Rules of Professional Conduct (SCACR 407) states that: "A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1", which forbids the use of a false or misleading communication about the lawyer's services. In addition, the first Comment to Rule 7.5 states that a law firm may be designated by the names of all or some of its members or by the names of deceased members where there has been a "continuing succession" in the firm's identity.
It is the opinion of the Committee that the intent of Rule 7.5 is to allow law firms to inform the public of the law firm's lineage so long as such communication does not contain a material misrepresentation or other misleading statement regarding the law firm's origin. Therefore, where the founding partner's name is contained in the firm's name and where the founding partner's practice with that firm and/or its predecessor firm(s) has been continuous and uninterrupted, then it is proper to state that the firm was "established" on that date that the founding partner began practicing law with the first predecessor law office. If the founding partner's name is not contained in the law firm's current name, then the current firm must list the succession of law firm names back to the founding partner in order to claim that the current law firm was established when the founding partner began his or her practice.