Op 89-027•Ohio Board Advisory Opinion Op 89-027
Gesamter Gesetzestext
The Supreme Court of Ohio BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE 41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105 (614) 644-5800 FAX: (614) 644-5804 OFFICE OF SECRETARY OPINION 89-27 Issued August 18, 1989 [CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.] [Not Current-subsequent rule amendments to DR 2-101, eff. Jan. 1, 1993 and Aug. 16, 1993; DR 2-102, eff. Dec. 1, 1995.] SYLLABUS: Use of a trade name is not permitted under Canon 2. The name of a law office organized for the purposes of providing standardized and multiple legal services may include the phrase "legal center" but may not include the geographic location in the firm name. OPINION: We have before us your request for an advisory opinion regarding the use of "Austintown Legal Center" as part of your firm name. Disciplinary Rule 2-102 (B) of the Code of Professional Responsibility states that: [a] lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm. In addition, DR 2-102 (G) prohibits the "use of a trade name or geographical or other type of identification or description" for a legal clinic "providing standardized and multiple legal services." The name under which a lawyer conducts his practice may be a factor in the selection process. A lawyer may not use any form of communication containing a false, misleading or deceptive statement or claim. Code of Professional Responsibility, DR 2-101 (A). The use of a trade name could be misleading as to the identity, responsibility, and status of those practicing thereunder. Code of Professional Responsibility, EC 2-10.
Op. 89-27 2 If your firm is organized for the purpose of providing standardized and multiple legal services, the name of your law office may consist of the names of one or more active practitioners and may include the phrase "legal center." Code of Professional Responsibility, DR 2-102 (G). It cannot include "Austintown." It is our opinion and you are so advised that the use of the term "legal center" must be in accordance with DR 2-102 (G). The geographical location in the name of a law office is not permitted under DR 2-102 (G). This is an informal, non-binding advisory opinion based upon the facts as presented and limited to questions arising under the Code of Professional Responsibility.
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