Ohio Board Advisory Opinion Op 99-004

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 99-4
Issued June 4, 1999
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded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.]
SYLLABUS: Although it is preferable for an attorney to use his or her law
firm name as part of the domain name for the law firm’s world wide web
site, it is not improper for an attorney to use other letters, words, or numbers
provided that the domain name is not a false, fraudulent, misleading,
deceptive, self-laudatory, or unfair statement as prohibited under DR 2-
101(A)(1) and does not imply special competence or experience as
prohibited under DR 1-105(A)(6).
OPINION: This opinion addresses the proper choice of a domain name for
a law firm’s world wide web site on the Internet.
Is it proper for an attorney to use numbers, letters, or words
other than the firm name in the domain name for the law firm’s
world wide web site?
Every world wide web site has a domain name. A domain name is an
alphanumeric name for a site address on the world wide web. A site address
is a series of numbers. A domain name is conveniently converted by
computer to the site address. Domain names are comprised of several parts
separated by periods. The top level domain appears at the right end of the
domain name as a three letter extension that identifies the type of user.
Examples of top level domains are .com for commercial; .edu for
educational institutions; .net for network providers; .gov for non-military
agencies and branches of federal government; .mil for military; .org for
miscellaneous entities (often nonprofit groups). To the left of the top level
domain is the second level domain. The second level domain (sometimes
referred to as a subdomain) is selected by the Internet user. Domain names
may include a suffix after the top level domain to identify the country. Top
level and second level domains are preceded by “http” for hypertext transfer
protocol and followed by a colon, two slashes, and “www” for World Wide
Web. These components form what is referred to as a “URL” (Uniform

Op. 99-4 2
Resource Locator). Second level domains are registered with InteNIC via a
contract with Network Solutions, Inc., which has been granted authority to
register domain names through an agreement with the National Science
Foundation. Second level names are registered on an availability basis.
Disputes regarding domain names are handled through established policies
and when necessary through courts of competent jurisdiction. For
discussion regarding domain names see Commission on Advertising,
American Bar Association, A Re-Examination of the ABA Model Rules of
Professional Conduct Pertaining to Client Development in Light of
Emerging Technologies, A White Paper Presented for the Purpose of
Discussion (July 1998); Kenneth E. Johnson, America Bar Association, Law
Practice Management Section, The Lawyer’s Quick Guide to E-mail, 21-24
(1998); William A. Tanenbaum, Rights and Remedies for Three Common
Trademark-Domain Name Disputes, 14 The Computer Lawyer 9, 9-11
(1997).
Domain names have high visibility. Because domain names represent site
addresses, domain names appear in all the traditional places that addresses
appear such as on letterheads, business cards, and in advertisements.
Domain names often appear just as prominently as phone numbers and street
addresses. Domain names also appear in e-mail addresses where the user
name is followed by the @ sign which is followed by the domain name.
While the Ohio Code of Professional Responsibility permits “addresses” to
be publicized in connection with the practice of law, the exact content and
nature of addresses is not addressed. DR 2-101(D)(1) identifies “addresses”
as information presumed to be informational if accurate and presented in a
dignified manner. DR 2-102(A)(1) permits “addresses” to be listed on a
professional card. DR 2-102(A)(2) permits “addresses” to be stated on brief
professional announcement cards. DR 2-102(A)(4) permits “addresses” to
be listed on law firm letterhead.
In contrast, the content of a firm name is addressed and regulated by the
Ohio Code of Professional Responsibility.
DR 2-102(B) 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 the name, or a firm
name containing names others than those of one or more of the
lawyers in the firm, except that the name of a professional
corporation or association, legal clinic, limited liability

Op. 99-4 3
company, or registered partnership shall contain symbols
indicating the nature of the organization as required by Gov.
Bar R. III. If otherwise lawful, a firm may use as, or continue
to include in, its name the name or names of one or more
deceased or retired members of the firm or of a predecessor
firm in a continuing line of succession. A lawyer who assumes
a judicial, legislative, public executive, or administrative post or
office shall not permit his or her name to remain in the name of
a law firm or to be used in professional notices of the firm
during any significant period in which the lawyer is not actively
and regularly practicing law as a member of the firm, and
during this period other members of the firm shall not use the
lawyer’s name in the firm name or in professional notices of the
firm.
While a domain name is distinctly visible like a firm name, it actually
represents a site address. Therefore, under the current rules, the Board does
not find a domain name subject to the same regulation as a firm name under
DR 2-102(B). Outside Ohio, a similar distinction has been drawn. The
State Bar of Arizona expressed the view that domain names are not firm
names and thus are not subject to the limitation on use of trade names in the
ethical rule governing firm names and letterheads. State Bar of Arizona, Op.
97-04 (1997).
Nevertheless, the Board does find a domain name subject to other rules
within the Ohio Code of Professional Responsibility. DR 2-101(A)(1)
prohibits any form of communication that is a “false, fraudulent, misleading,
deceptive, self-laudatory, or unfair statement.” A domain name would be
subject to this restriction. For example, a domain name such as
“willwineverycaseforyou” would be false and misleading. Whereas, a
domain name using the firm name or part of the firm name would be truthful
and straightforward.
The Ohio Code of Professional Responsibility also regulates claims of
special competence in fields of practice.
DR 2-105(A)(6) A lawyer may state that his or her practice
consists in large part or is limited to a field or fields of law.
Except as provided in DR 2-105(A)(1), (4), and (5), a lawyer
may not claim or imply special competence or experience in a

Op. 99-4 4
field of law through the use of the term “specialize” or
otherwise.
A domain name such as “specializedpersonalinjurylawyers” would imply
special competence or experience.
In conclusion, the Board advises that although it is preferable for an attorney
to use his or her law firm name as part of the domain name for the law firm’s
world wide web site, it is not improper for an attorney to use other letters,
words, or numbers provided that the domain name is not a false, fraudulent,
misleading, deceptive, self-laudatory, or unfair statement as prohibited under
DR 2-101(A)(1) and does not imply special competence or experience as
prohibited under DR 1-105(A)(6).
Advisory Opinions of the Board of Commissioners on Grievances and
Discipline are informal, nonbinding opinions in response to prospective
or hypothetical questions regarding the application of the Supreme
Court Rules for the Government of the Bar of Ohio, the Supreme Court
Rules for the Government of the Judiciary, the Code of Professional
Responsibility, the Code of Judicial Conduct, and the Attorney’s Oath
of Office.