Q: Dear Ethics Lawyer, I am one of four lawyers with a practice focus in technology and with difficult-to-spell or “not catchy” names, who are forming a firm. In a quandary over what to call this collection of fine legal talent in order to be able to effectively market our services, and with a flash of double meaning brilliance, we decided to name it “The IT Lawyers LLC.” Is this ethical?
A: Yes. Prior to amendments made in 2018, Model Rule 7.5 regulated the use of trade names by lawyers. It allowed trade names for lawyers in private practice if the name did not imply a connection with a governmental or charitable agency and was not otherwise misleading under Rule 7.1. This Rule was deleted in 2018, but, of course Rule 7.1, which prohibits misleading statements, still applies. See, e.g., Comment 5. In addition, please check your relevant jurisdiction concerning whether a version of Rule 7.5 or other restriction remains in place.