Law Firm Name Change: California's Legal Identity Alteration Rules

In California, law firms can change their names, but there are specific requirements and procedures that must be followed. The process can be complex, and it is beneficial to have expert legal guidance to ensure compliance with all regulations. This includes understanding the rules around choosing a name, registering it, and making the necessary changes to legal documents and government-issued identification. While there is freedom in choosing a new name, California law prohibits name changes for fraudulent purposes, avoiding debts or obligations, or choosing offensive or confusing names.

Law firms can register as a professional law corporation

California requires certain professionals, including lawyers, to create a professional corporation rather than a traditional corporation. Law firms can register as a professional law corporation, but they are not allowed to use APLC and PLC as it may be considered misleading to the public.

Professional law corporations in California are certified by the California Secretary of State and registered with the California State Bar. The first step in creating a California law corporation is filing Articles of Incorporation of a Professional Corporation with the California Secretary of State. The Articles of Incorporation should include the name of the law corporation, the business address, the agent of service of process' name and address, the number of shares authorized, and the corporation's purpose. The Articles should also be customized to include indemnification provisions.

The law corporation should also prepare organizational corporate minutes that confirm the information in the Articles of Incorporation. These minutes are essential in the case of a lawsuit or audit. Additionally, all officers, directors, and shareholders (owners) of the law corporation must be licensed to practice law in California. When a law corporation has one shareholder, that shareholder is the director, president, and treasurer of the corporation. With two shareholders, the shareholders are the directors and hold the positions of president, vice president, secretary, and treasurer.

It is important to note that California business law does not permit attorneys to set up a law firm, but they have other options, including sole proprietorship and partnership.

Requirements for a law firm name in California

California has specific requirements for naming a law firm, which are governed by Rule 1-400 of the California Rules of Professional Conduct. These requirements must be adhered to when registering a law firm with the California Secretary of State and the California State Bar.

The basic rule is that a law firm can only practice under the name that has been registered for the corporation with the California Secretary of State. The name must comply with the California Rules of Professional Conduct and the California Business and Professions Code, Sections 6160 through 6172. The California Rules of Professional Conduct prohibit attorneys from making false or misleading representations pertaining to the name of their firm. For example, the use of the term "Group" in a law firm name must be clarified by naming at least one employee, who does not have to be an attorney. Similarly, the term "Law Offices" implies that the firm has multiple addresses and attorneys, including shareholders, per address. If a firm only has one office address, the term "Law Office" should be used instead. The term "Associates" means that at least two more attorneys are employed by the firm, in addition to the shareholder.

Additionally, certain ending designations are permitted if a professional law corporation has been set up, such as APC, A.P.C., PC, P.C., or Prof. Corp. However, the use of PLC or APLC is prohibited as it may be misleading to the public, suggesting terms such as "Professional Legal Consultant" or "Public Liability Company".

While law firms can register as a professional law corporation, the name must not be misleading or false. The California State Bar does not currently have a procedure in place to practice law through a law corporation that utilizes a fictitious name, although the California Business and Professions Code suggests that this may be possible by applying for a fictitious name permit.

Rules for choosing a name for your law firm

Choosing a name for your law firm in California requires careful consideration of the state's rules and guidelines. Here are some essential rules to follow when selecting a name for your law firm:

Comply with Legal Guidelines

It is crucial to understand and adhere to the legal guidelines set by the state of California. Familiarize yourself with the California Rules of Professional Conduct and the California Business and Professions Code, specifically Sections 6160 through 6172. These codes outline the naming requirements for professional law corporations and prohibit false or misleading representations in the names of law firms.

Avoid Misleading Terms

The use of certain terms and abbreviations can be misleading to clients and is, therefore, restricted. For example, you cannot use terms like "Group," "Law Offices," "Associates," or abbreviations like "APLC" and "PLC." The term "Group" implies that you have more than one employee, and "Law Offices" suggests multiple addresses or attorneys. Be mindful of these nuances to ensure your firm's name accurately represents your structure and size.

Clarify the Use of Specific Words

If you choose to use the word "Group" in your law firm's name, you must comply with Rule 1-400 of the California Rules of Professional Conduct. This rule states that you must name at least one employee, who does not have to be an attorney, to clarify that your firm consists of more than one person. Similarly, the term "Law Offices" implies multiple addresses or attorneys, including shareholders, per address.

Seek Professional Assistance

Consulting with a corporate attorney or a lawyer experienced in forming professional law corporations in California can save you time and money. They can guide you through the complex set of rules and requirements, ensuring that your chosen name complies with the California State Laws and the California Bar Association's specific naming guidelines.

Consider the Implications of the Chosen Name

The name you choose for your law firm can have branding and business implications. It should accurately reflect the nature and structure of your practice while also attracting the right clients and meeting their specific legal needs. Consider the image you want to project and choose a name that aligns with your firm's values and services.

Steps to legally change a law firm's name

In California, a law firm can change its name, but there are specific procedures to follow. Here are the steps to legally change the name of a law firm:

Choose a Name That Complies with California Law

According to California Business Law, a law corporation can only practice under the name registered with the California Secretary of State. Law firms can register as professional law corporations, but certain abbreviations, such as APLC and PLC, are prohibited as they may be misleading to the public. Additionally, specific terms, such as "Group," "Law Offices," "Law Office," and "Associates," have implications for the firm's structure and employee count. Understanding these naming requirements is crucial before selecting a new name.

File a Petition for Change of Name with the Court

To initiate the name change process, you must file a petition with the court. This typically involves completing and submitting specific forms, which vary depending on the county and situation. An experienced attorney can assist in ensuring the correct forms are accurately filled out.

Publish Your Intent to Change the Name

Before a judge decides on your petition, you must publish your intent to change the name in an approved newspaper within your county. This publication must occur for four consecutive weeks in the legal notice section. There is usually a fee associated with this publication.

Attend the Court Hearing

After filing your petition and completing the publication requirement, you will receive a hearing date. During this court hearing, the judge will decide whether to grant or deny your request for a name change. If granted, the judge will issue a court order recognizing your new firm name.

Update Legal Documents and Government-Issued Identification

Once you have obtained the court order with your new firm name, you can proceed to update various legal documents and government-issued identification. These may include items such as your driver's license, Social Security card, birth certificate, and passport. Certain agencies may have specific processes for updating these documents.

It is important to note that the above steps provide a general framework, and it is always advisable to consult with an attorney specializing in this area to ensure compliance with all applicable laws and regulations.

Court approval and documentation for a name change

California permits common law name changes through the "usage method", which involves simply using a new name exclusively. However, a court order is necessary to modify any legal documents and government-issued identification, such as a driver's license, Social Security card, birth certificate, or passport. The process of obtaining a court order for a name change in California is relatively straightforward and typically involves the following steps:

• File a Petition for Change of Name with the court: You will need to submit the appropriate forms and pay a filing fee, which is typically between $435 and $450. If you cannot afford the fee, you may request a fee waiver from the court.
• Publish your intent to change your name: In most cases, you will need to publish your request to change your name in an approved newspaper in your county for four consecutive weeks. This step may be waived if your name change is related to gender change recognition.
• Attend a court hearing: After filing your petition and providing notice, a judge will review your case and decide whether to grant your petition. If your petition is granted, the judge will issue a court order approving your name change.
• Update your legal documents: Once you have obtained the court order, you can use it to update your identity documents, including your driver's license, passport, birth certificate, and social security card.

It is important to note that the process may vary depending on the specific circumstances of the name change and the county in which you reside. Additionally, while a court order is generally required to change legal documents, there may be exceptions. For example, if you are changing your name due to marriage, some DMV and Social Security offices may accept a marriage license without requiring a court order.

Frequently asked questions