Trade Name Options For Law Firms: Multiple Identities?

The use of trade names by law firms is an interesting topic, especially given the profession's ethical considerations and the variation in rules across different jurisdictions. While some states, like New York and Ohio, prohibit the use of trade names, others, like New Jersey, have recently cleared the way for their use. A trade name is a company's publicly used name, and it can be a powerful tool for law firms to differentiate their brands and connect with their target audience. However, it's important to note that trade names should not be misleading or imply a connection with a government agency or a lawyer not associated with the firm. Law firms with offices in multiple jurisdictions may use the same trade name in each location but must indicate the jurisdictional limitations of their lawyers.

Law firm naming rules vary by jurisdiction

The American Bar Association (ABA) has Model Rules regarding law firm names, which many states follow. However, even within states that generally adhere to the ABA's guidelines, there can be variations and exceptions. For instance, while the ABA Model Rules prohibit listing the name of a lawyer holding public office in a law firm's name, some states may allow this.

Additionally, the use of certain terms, such as "Group," "Firm," or "& Associates," is regulated to prevent solo practitioners or small firms from misrepresenting their size. A solo practitioner is typically prohibited from using these terms in their firm name to avoid misleading clients about the number of lawyers in the firm. However, some jurisdictions may allow the use of "& Associates" if the firm employs at least one lawyer who has two or more associates.

Other considerations include the inclusion of geographical names, which may require a disclaimer to avoid implying an association with a public legal aid agency, and the use of names of deceased or retired partners, which is generally acceptable as long as there has been a continuing succession in the firm's identity.

It is worth noting that the rules regarding the use of trade names in law firms are evolving across the country. If you are considering using a trade name, it is advisable to act quickly to secure your options. You may also want to consider trademarking your law firm's name to prevent others from using it in the future.

Trade names can be misleading

Trade names are an essential part of a law firm's brand and marketing strategy. While they can be a creative and memorable way to market a firm's services, they can also be misleading and have legal implications.

In the United States, the use of trade names in law firms is governed by Rule 7.5, which states that a lawyer or law firm shall not use a firm name, letterhead, or other professional designation that violates Rule 7.1. Rule 7.1 prohibits trade names that imply a connection with a government agency, a public or charitable legal services organization, or a lawyer not associated with the firm. Additionally, some states, like New York and Ohio, prohibit the use of trade names altogether, while others allow them. It is important for law firms to be aware of the specific rules and regulations in their jurisdiction before adopting a trade name.

One way that trade names can be misleading is by implying a connection with a government agency or a public or charitable legal services organization. For example, using a geographical name such as "Springfield Legal Clinic" may imply that the firm is a public legal aid agency. In such cases, an express disclaimer may be required to avoid any misleading implications. Similarly, using the name of a deceased or retired lawyer not associated with the firm or its predecessor can also be misleading and is prohibited by Rule 7.5.

Trade names can also be misleading if they are confusingly similar to the names of other businesses or trademarks. While a trade name does not provide the same legal protection as a trademark, it is still important to choose a unique and distinctive name to avoid potential lawsuits and to establish a strong brand presence. Conducting thorough research before selecting a trade name is crucial to ensure that the name is not already in use by another company, especially in the same state or industry.

Furthermore, trade names should accurately reflect the services provided by the law firm. Using a trade name that is descriptive of the work the firm does or the market it serves can be helpful for potential clients to understand the firm's offerings. However, if the firm expands its practice areas in the future, a name that is too specific may no longer be accurate or require a change. Therefore, it is essential to consider the long-term strategy and direction of the firm when selecting a trade name.

In conclusion, while trade names can be a valuable tool for law firms to market their services and establish a brand identity, they must be carefully chosen to avoid being misleading. Law firms should consider the rules and regulations in their jurisdiction, avoid implying false connections, ensure uniqueness and distinctiveness, and accurately reflect the services they provide to prevent any legal implications and maintain transparency with potential clients.

Trade names can be trademarked

Trade names and trademarks are two different things with distinct functions. A trade name is the name of a business, while a trademark is a name, symbol, word, design, or a combination of these elements that denotes a specific product or brand and communicates exclusive ownership. A trade name can be used by other companies, but a trademark cannot. Both trade names and trademarks need to be registered, and they represent an important step in establishing a brand presence. However, they are only protected if registered as a trademark.

In the context of law firms, the use of trade names varies across different states in the US. Some states, like New York and Ohio, prohibit the use of trade names, while others allow them. For example, the North Carolina State Bar previously required the registration of law firm trade names but removed this requirement in April 2021. Law firms in North Carolina can now use trade names without registering them with the state bar, but they must ensure that the name is not misleading and does not imply a connection with a government agency or a public/charitable legal services organization.

While trade names are important for establishing an identity for a company in the marketplace, they do not provide legal protection against others using the same name. Trademarks, on the other hand, offer legal protection for the use of names, logos, symbols, or company slogans. Well-known examples of trademarks include Nike's swoosh symbol and Coca-Cola's distinctive script. Trademarks are easily recognised by the ™ symbol.

To protect their brand identity, law firms may consider trademarking their trade names. This can be done by registering with the United States Patent and Trademark Office (USPTO) or at the state level. Registering a trademark for a law firm name involves submitting an application and paying a fee. It is recommended to conduct a trademark search before applying to ensure that the name is not already in use. Obtaining trademark protection for a trade name can help prevent other law firms or businesses from using the same name.

In summary, while trade names can be used to identify a law firm, trademarking the trade name provides additional legal protection and helps establish brand recognition. Law firms should be mindful of the naming rules in their specific jurisdictions and consider seeking professional guidance when navigating the process of naming and trademarking their firms.

Advantages of using surnames

The use of surnames in law firms has been a common practice, with many firms choosing to include the last names of partners or members in their firm's designation. While the use of surnames is traditional, it also offers several advantages that contribute to the firm's identity, branding, and marketing.

One of the primary advantages of using surnames in a law firm's name is its potential to establish a sense of heritage and continuity. By incorporating the surnames of its members, a law firm can highlight the experience and expertise passed down through generations of lawyers. This sense of continuity can inspire confidence in potential clients, who may perceive the firm as established and reputable. Additionally, the use of surnames can foster a sense of personal connection and trust between the firm and its clients, as it provides a more humanised perspective compared to a generic trade name.

Another benefit of using surnames is the ease of brand recognition and marketing. A surname-based law firm name can be unique and memorable, especially if it is distinct or has a unique spelling. This can make it easier for potential clients to remember and recommend the firm. Additionally, using surnames can simplify the process of branding and marketing, as it provides a straightforward starting point for developing a brand identity and marketing strategy. This can be particularly advantageous for solo practitioners, as their surname becomes their professional identity.

In some jurisdictions, the use of surnames in law firm names is a requirement. Certain states mandate the inclusion of partner or member surnames, ensuring transparency and clarity in the legal profession. This practice also helps potential clients identify the lawyers associated with the firm, promoting accountability and trust. Additionally, using surnames can simplify the process of registering the firm's name, as it may not require the same level of scrutiny as a trade name to ensure it is not misleading or in violation of any rules.

While the use of surnames in law firm names has its advantages, it is important to consider cultural nuances and local regulations. Some jurisdictions may have specific requirements or restrictions on the use of surnames, trade names, or branding in legal practices. Therefore, it is essential to refer to the naming rules of the specific jurisdiction in which the law firm operates.

Law firms with offices in multiple jurisdictions

In April 2021, the North Carolina State Bar removed the requirement to register a law firm trade name for approval. However, it is important to ensure that the trade name is not misleading, including not implying a connection with a government agency or a non-lawyer.

Having offices in multiple jurisdictions can be beneficial for marketing and convenience. It allows firms to attract new clients by offering convenient locations for them to visit. This strategy is especially effective for lawyers in B2C practices, as it can lead to an increase in cases. Virtual office rentals or sublets in shared law office spaces are cost-effective ways to establish a presence in multiple jurisdictions.

Some of the top law firms in the world have multiple offices and thousands of lawyers worldwide. For example, Baker McKenzie, which calls itself "the original global law firm," has over 4,500 lawyers working in 69 offices around the world. Similarly, Dentons, which refers to itself as "the world's largest global law firm," has more than 160 offices in over 80 countries.

Frequently asked questions