Ohio Board Advisory Opinion Op. 20-11

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.
OPINION 2020-11
Issued October 2, 2020
Trade Name Used as Law Firm Name
SYLLABUS: A lawyer or law firm may use a trade name as a law firm name that does
not reference the name or surname of the lawyer or lawyers or describe the nature of the
legal services provided. A trade name used by a lawyer or law firm as a law firm name
cannot be false, misleading, or nonverifiable. A trade name that implies certain results,
expediency, or a connection to a governmental, nonprofit, or charitable organization is
inherently false or misleading. A lawyer or law firm using a trade name and organizing
as a legal professional association, corporation, legal clinic, a limited liability company,
or a limited partnership must comply with Gov.Bar R. III, §2 and carry the appropriate
corporate legend or designation with the trade name.

65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov
HON. JOHN W. WISE
CHAIR
RICHARD A. DOVE
DIRECTOR
PATRICIA A. WISE
VICE- CHAIR
D. ALLAN ASBURY
SENIOR COUNSEL
KRISTI R. MCANAUL
COUNSEL
OPINION 2020-11
Issued October 2, 2020
Trade Name Used as Law Firm Name
SYLLABUS: A lawyer or law firm may use a trade name as a law firm name that does
not reference the name or surname of the lawyer or lawyers or describe the nature of the
legal services provided. A trade name used by a lawyer or law firm as a law firm name
cannot be false, misleading, or nonverifiable. A trade name that implies certain results,
expediency, or a connection to a governmental, nonprofit, or charitable organization is
inherently false or misleading. A lawyer or law firm using a trade name and organizing
as a legal professional association, corporation, legal clinic, a limited liability company,
or a limited partnership must comply with Gov.Bar R. III, §2 and carry the appropriate
corporate legend or designation with the trade name.
QUESTION PRESENTED:
Whether a lawyer or law firm is permitted to practice law under a trade name that
is not connected to the lawyer’s name or his or her legal services.
APPLICABLE RULES: Prof.Cond.R. 7.1, 7.5
OPINION: The Supreme Court amended Prof.Cond.R. 7.5, effective June 17, 2020, to
remove the prohibition against the use of a trade name as a law firm name by a lawyer
or lawyers. A trade name is defined as “a name, style, or symbol used to distinguish a
company, partnership, or business (as opposed to a product or service); the name under
which a business operates.” Black’s Law Dictionary (11th Ed., 2019.) As a consequence of
the rule amendment, a lawyer or law firm may permissibly practice under a firm name
that utilizes a trade name, without listing a lawyer’s name or services provided, as long

Op. 2020-11 2
as the trade name complies with the Rules of Professional Conduct and the Rules for the
Government of the Bar.
No Requirement to Include Lawyers’ Names or Surnames in a Firm Name
Prof.Cond.R. 7.5 expressly permits, but does not require, the use of a traditional
law firm name that includes the surnames of lawyers in the firm. A firm name that does
not use the traditional method of including the name or surname of a lawyer or lawyers
in the firm is a trade name. The use of the trade name without referencing the name of
the lawyer or lawyers in the firm is permissible under Prof.Cond.R. 7.5. and does not
implicate the prohibition against false, misleading, or nonverifiable communications
contained in Prof.Cond.R. 7.1.
False, Misleading, or Nonverifiable Trade Names
Advertising of a lawyer’s services is specifically permitted by the Ohio Rules of
Professional Conduct. Prof.Cond.R. 7.2. A lawyer’s advertising may include many forms
of communication such as written, recorded, electronic communication, or public media.
Id. Prof.Cond.R. 7.2 permits public dissemination of information that might invite the
attention of those seeking legal assistance. Id., cmt. [2]. Information that may be publicly
disseminated as advertising includes, but is not limited to a lawyer’s name, firm name,
address, email address, website, and the kinds of services the lawyer will undertake. Id.
The name of a law firm is one method by which lawyers advertise to the public
their availability for the rendering of legal services and is a type of legal advertising.
While a law firm name does not need to reference the name of a lawyer or lawyer in the
firm, a lawyer must avoid communications about the lawyer, the law firm, or his or her
legal services, including the firm name, that are false, misleading, or nonverifiable.
Prof.Cond.R.7.1. False or misleading communications by lawyers through advertising
are not constitutionally protected. Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626
(1985).
Because a trade name may contain one word or a combination of words, it may be
considered misleading if it contains a material misrepresentation of fact or omits a fact
necessary to make the trade name, considered as a whole, not materially misleading.
Prof.Cond.R. 7.1, cmt. [2]. A trade name may also be misleading if a substantial likelihood

Op. 2020-11 3
exists that it will lead a prospective client to formulate a specific conclusion about the
lawyer or the lawyer’s services for which there is no reasonable factual foundation. Id.
For example, a trade name that implies results, such as “Zero Tax” or “Winning Law
Firm,” would be considered misleading because it could lead a reasonable person or a
prospective client to form an unjustified expectation that certain results can be obtained
from the lawyer or firm. Id., cmt.[3]. In addition, trade names that imply a connection to
a governmental agency, e.g. “Attorney General Collections,” “Public Defenders,” “Ohio
Judge’s Law Group,” “Social Security Administration Associates;” imply expediency, e.g.
“Divorce Fast,” “EZ Divorce,” “Quick Settlement;” or that imply a connection to an
existing nonprofit or charitable organization, e.g. “Legal Aid Associates,” “Project
Innocence Associates,” or “Legal Assistance Foundation;” are inherently false or
misleading and implicate Prof.Cond.R. 7.1. See generally S.C. Bar Eth. Adv. Op. 03-04.
On the other hand, there exists a number of possible law firm names that utilize a
trade name and that would be permissible under Prof.Cond.R. 7.1 and 7.5. For example,
a law firm with multiple lawyers that concentrates its law practice in representing
plaintiffs in personal injury law cases could ethically use the trade name “Ohio Personal
Injury Associates.” Prof.Cond.R. 7.4(a), cmt.[1]. The name would only be considered
false or misleading if no lawyers in the firm practice personal injury law or the firm
ceased providing any legal services in the area of law used in the trade name. Likewise,
a firm that exclusively practices in the area of insurance defense law may appropriately
use the trade name “Ohio Insurance Defense Counsel.” However, a trade name is not
required to reference the area of legal services the lawyer or the law firm provides in
order to not be false, misleading, or nonverifiable. For example, a trade name such as
“Summit Law” or “First Legal” would be permissible, even though the trade name does
not indicate the area of law practiced.
Gov.Bar R. III Requirements for Trade Names as Firm Names
If a law firm intends to be formally identified by the use of a trade name, and
practice as a legal professional association, corporation, or legal clinic, a limited liability
company, or a limited liability partnership, the trade name must comply with Gov.Bar R.
III, §2. Prof.Cond.R. 7.5. Specifically, the trade name of a legal professional association
or legal clinic must end with the legend, “Co., LPA” and the name of a corporation,
limited liability company, or limited liability partnership must include a descriptive

Op. 2020-11 4
designation as required under sections R.C. §§ 1701.05(A), 1705.05(A), or 1776.82, e.g.,
L.L.C., L.L.P., or Inc. Gov.Bar R. III, §2.
CONCLUSION:. Trade names may be used by lawyers as a law firm name under which
legal services will be provided and to distinguish the law firm from other legal practices.
Trade names constitute a form of communication or advertisement by a lawyer that
cannot be false, misleading, or nonverifiable. Trade names that imply result, expediency,
or a connection to a government agency, nonprofit, or charitable organization are
inherently misleading and implicate Prof.Cond.R. 7.1. A firm name that does not
reference the name of the lawyer or lawyers in the law firm or the area of practice can be
a permissible trade name as long as it is not false, misleading, or nonverifiable. If a lawyer
or law firm intends to practice as a legal professional association, corporation, or legal
clinic, a limited liability company, or a limited liability partnership, a trade name used as
a law firm name must comply with requirements of Gov.Bar R. III, §2 and carry the
appropriate corporate legend or designation.