Ohio Board Advisory Opinion Op 89-027

Op 89-027Ohiobar

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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[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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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