Rule 7.5 Firm names and letterheads

[1] A firm may be designated by the names of all or some of its members, by the names of deceased or retired attorneys, or may be designated only by by the names of deceased or retired members, where there has been a continuing succession in the firm's identity. 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, or the name of a nonlawyer. A law firm may not use the name of a lawyer who is disbarred or suspended for a period of at least six (6) months in the law firm's name, but may use the name again when the lawyer is reinstated to the practice of law. A firm may utilize a trade name such as “ABC Legal Clinic.” A lawyer or law firm may also be designated by a distinctive website address or comparable professional designation. Use of trade names in law practice is acceptable so long as it is not misleading. If a private firm uses a trade name that includes a geographical name such as “Kent County Legal Clinic,” an express disclaimer that it is not a public legal aid agency may be required to avoid a misleading implication. It may be observed that any firm name including the name of a deceased partner is, strictly speaking, a trade name. A firm name may include descriptive language about the firm’s legal practice that is not comparative, suggestive of the ability to obtain results, or otherwise misleading. For example, “Providence Tax Law Associates” would be permissible under this rule, as would “Providence Personal Injury Group,” “Smith Real Estate Lawyers,” and “Smith Criminal Defense Firm.” However, neither “Best Tax Lawyers” nor “Tax Fixers” would be permissible, the former being comparative and the latter being suggestive of the ability to obtain results. [2] With regard to paragraph (d), lawyers sharing office facilities, but who are not in fact associated with each other in a law firm, may not denominate themselves as, for example, "Smith and Jones," for that title suggests that they are practicing law together in a firm. The addition of the words “Group” and “and Associates” following the name of a lawyer in a firm name implies to the public that more than one lawyer is practicing law together in a firm. In a law firm context “Associate” has come to mean a lawyer employed with or connected with a firm who usually is not a partner. “Associates” is not a proper term to use in a firm name to mean nonlawyer assistants such as secretaries, investigators, law student interns, and paraprofessionals. Accordingly, a solo practitioner cannot use the name “Smith and Associates” as a firm name. Similarly, a sole practitioner's use of “Group” or “Team” implies that more than one lawyer is employed in the firm and is therefore misleading.

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