Gavin Howe
Lawyers and legal firms have strict guidelines regarding the names they can practice under. While some states limit firm names to the real surnames of the owners, others allow the use of trade names for branding purposes. For example, the use of fictional, historic, or invented characters in firm names is permitted in some states. Lawyers can also use different names outside of their legal practice, such as a pseudonym for writing or their maiden name for social purposes, as long as there is no fraudulent intent. However, when practicing law, lawyers should use the name registered with the state bar or on bar records to avoid any ethical concerns.
| Characteristics | Values |
|---|---|
| Using an alias for a law firm | Allowed for branding purposes, but not if it implies a professional relationship with a firm or organisation that doesn't exist |
| Using a different name in personal life | Allowed as long as there is no fraudulent or improper motive |
| Using a shortened name | Allowed, but the name on advertising and legal documents should match the full, formal name |
| Using a different name in professional life | Not allowed unless it is a name the lawyer is already known by, such as a maiden name |
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What You'll Learn
Law firm names: freedom to choose
In 1997, the Law Society relaxed its rules on law firm names, allowing solicitors more freedom in their choice of a firm's name. Despite this, most law firms have remained conservative in their preference for traditional names.
Prior to 1997, the Law Society's rules required a firm to include an existing or past partner's name. Now, firms can use names of towns or cities, acronyms, descriptions of work types (e.g., "The Divorce Practice"), or names including fictional, historic, or invented characters. For example, a law firm could be named after Wild Bill Hickok, a famous Wild West figure. However, it is important to note that the use of trade names or branding, such as "Law Tigers," may be subject to state-specific regulations.
While lawyers can use different names outside their law practice, they should not use a name that is materially different from the one on bar records for their legal work. This means that a lawyer's given name should be the one registered with the state bar. However, they can call their law firm something else, such as an assumed name or a marketing moniker. For example, a lawyer named Joe X. Amalopouloseskyler could use the firm name "Law Joe" or "Xlaw."
It is worth noting that some states have stricter regulations, limiting firm names to the real surnames of the owners followed by the organization type, such as APC or PLLC. Additionally, it is generally advised to include the bar number in advertising. While a legal name change is possible, it is important to consider the intent behind it and ensure that it is not done with the purpose of hiding one's identity or defrauding others.
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Lawyers' aliases: allowed for non-legal activities
Lawyers can use aliases for non-legal activities, but the specifics depend on the state in which they are licensed to practice. For example, California has a rule that law firm names cannot be false or misleading about the lawyer or their services. Rules 7.1 and 7.5 state that lawyers cannot imply that they are affiliated with a law firm or another organization unless that is, in fact, the case. However, it is allowed to use trade names like "Law Tigers" for branding purposes.
While lawyers can use aliases for non-legal activities, they cannot use them to practice law unless they have legally changed their name. For example, a lawyer cannot use the alias "Saul Goodman" unless that is their real name or they are affiliated with the fictional character. Legal documents such as driver's licenses will require proof of identity, such as a birth certificate, and may require a legal change of name if the alias is to be used.
Law firms can use marketing monikers and trade names for branding purposes. For example, a law firm may use a name including fictional, historic, or invented characters, such as the "Wild Bill Hickok Equine Law Consultancy". Firms can also use names of towns or cities, acronyms, or descriptions of work types, such as "The Divorce Practice" or "Land Law".
It is important to note that the use of aliases or trade names by lawyers and law firms should not be done with the intent to hide their identity or defraud anyone.
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Name change: legal name change possible
A legal name change is possible, and there are various reasons why someone might choose to do so. For example, someone with a long name might prefer to use a shortened version, or a woman might choose to continue practising law under her maiden name after getting married.
In the context of practising law, it is important to distinguish between an individual lawyer's name and the name of their firm. While lawyers should not use a name that is materially different from the one on their bar records when practising law, they may use a different name outside of their legal practice. For instance, a lawyer can use a pseudonym when writing novels or use their husband's name for social or personal purposes, as long as there is no fraudulent or improper motive.
When it comes to the name of a law firm, rules and restrictions vary. In some states, firms are limited to using the real surnames of the owners, followed by the organisation type. However, in other states and countries, firms have more freedom in choosing their names. For example, firms can use names of towns or cities, acronyms, descriptions of work types, or even include fictional, historic, or invented characters. Despite this freedom, most firms have maintained conservative names.
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Name change: intent and identity
The use of names in the legal profession is an intriguing topic, with certain nuances depending on the context. When it comes to name changes, the intent and identity of the individual are crucial factors to consider.
Intent
When considering a name change, the intention behind it is essential. If the motive is to hide one's identity or defraud others, it is unlikely to be permitted. However, if there is no fraudulent or improper motive, as per the Arizona ethics opinion, a name change may be acceptable. For example, a lawyer wishing to use a pseudonym to write novels or use their maiden name for professional purposes while socially using their spouse's name can be acceptable.
Identity
The identity associated with a name is also significant. For legal practice, lawyers should generally avoid using a name that differs significantly from the one on their bar records. This is because the bar license, law license, and diploma are typically associated with an individual's full and formal name. However, when it comes to the name of their law firm, lawyers have more flexibility. While some states have stricter rules, such as limiting the firm name to the real surnames of the owners, other states allow more creative names, such as "Law Tigers" or names based on the type of legal work performed.
In summary, while name changes are possible, they must be done with the right intent and in a way that does not obscure the individual's identity in their legal practice. It is always advisable to consult with the relevant legal bodies, such as the state bar, to ensure compliance with specific state regulations.
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Name change: state-specific rules
In the United States, every adult citizen has the right to change their name under the Fourteenth Amendment. A legal name change can be done by filing an application in civil court, along with a nominal fee. However, the exact process varies from state to state, and each state has its own set of rules. For example, California, Georgia, and Illinois are considered among the easiest states to get a name change. On the other hand, Hawaii is an exception, as its court orders may not be recognized in other states.
Some states require petitioners to prove that their name change is not for fraudulent purposes or other crimes. Additionally, some states will refuse to issue a court order if the new name appears to be unreasonably vulgar or frivolous. Many states also have publication requirements, meaning that notice of the name change must be given in a local newspaper, although there are exemptions for those who are victims of domestic violence or have safety concerns.
When it comes to practising law under a different name, there are a few things to consider. Firstly, it is important to note that lawyers must use their given name as registered with the state bar. However, they can use trade names or marketing monikers for their law firms. For example, a lawyer named Joe X. Amalopouloseskyler can use the trade name "Law Joe" or "Xlaw". Additionally, lawyers who get married and change their last names can continue to practise law under their maiden name. While it is possible to practise law under a different name, it is essential to ensure that it is not done with the intent to hide one's identity or defraud anyone.
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Frequently asked questions
Lawyers can use trade names like "Law Tigers" for branding purposes. However, they cannot state or imply that they practice in or have a professional relationship with a firm unless that is true. For example, a lawyer named Saul Goodman could use that name, but they could not imply an affiliation with the fictional character.
Lawyers should use their full, formal name that matches their diploma and law license. However, they can use a "professional name" that is unique to them, such as a shortened last name, as long as it is not done with the intent to hide their identity or defraud anyone.
According to an Arizona ethics opinion, lawyers can use a different name outside their law practice as long as there is no fraudulent or improper motive. For non-legal activities, a lawyer may "adopt any name by which the lawyer chooses to be known."
Yes, a lawyer can continue to practice under their maiden name after getting married and changing their legal name.
Lawyers cannot operate under a fake name unless they legally change their name.
