R.i. Sup. Ct. R. 7.5

As amended through June 7, 2024

Rule 7.5 - Firm names and letterheads

(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A firm name used by a lawyer in private practice shall not imply a connection with a government agency or with a public or charitable legal services organization, shall not be comparative, or suggestive of the ability to obtain results, and shall not otherwise violate of Rule 7.1. Law firm names that are misleading as to the identity of the attorney or attorneys practicing law with the firm are prohibited.

(b) Identification of the lawyers in a law firm shall indicate the jurisdictional limitations on those not licensed to practice in Rhode Island.

(c) The name of any lawyer who assumes a full-time judicial, legislative, executive or administrative office shall not be continued in the law firm name during any significant period in which he or she is not actively and regularly practicing with the firm; nor shall the name of any attorney whose employment, membership, or partnership has been terminated be continued in the name of the law firm except as provided herein. The name of a lawyer who is disbarred or suspended from the practice of law for a period of at least six (6) months, shall not be used in the name of a law firm or in communication on its behalf.

(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact. Use of additional identifying language such as "Group" or "and Associates," and the like, may be included in a law firm name only when such language is accurate and descriptive of the law firm.

R.i. Sup. Ct. R. 7.5

Amended effective 3/23/2021; revised 10/1/2023.

COMMENTARY

[1] A firm may be designated by the names of all or some of its members, by the names of deceased or retired attorneys, or may be designated only by by the names of deceased or retired members, where there has been a continuing succession in the firm's identity. The use of such names to designate law firms has proven a useful means of identification. However, it is misleading to use the name of a lawyer not associated with the firm or a predecessor of the firm, or the name of a nonlawyer. A law firm may not use the name of a lawyer who is disbarred or suspended for a period of at least six (6) months in the law firm's name, but may use the name again when the lawyer is reinstated to the practice of law.

A firm may utilize a trade name such as "ABC Legal Clinic." A lawyer or law firm may also be designated by a distinctive website address or comparable professional designation. Use of trade names in law practice is acceptable so long as it is not misleading. If a private firm uses a trade name that includes a geographical name such as "Kent County Legal Clinic," an express disclaimer that it is not a public legal aid agency may be required to avoid a misleading implication. It may be observed that any firm name including the name of a deceased partner is, strictly speaking, a trade name.

A firm name may include descriptive language about the firm's legal practice that is not comparative, suggestive of the ability to obtain results, or otherwise misleading. For example, "Providence Tax Law Associates" would be permissible under this rule, as would "Providence Personal Injury Group," "Smith Real Estate Lawyers," and "Smith Criminal Defense Firm." However, neither "Best Tax Lawyers" nor "Tax Fixers" would be permissible, the former being comparative and the latter being suggestive of the ability to obtain results.

[2] With regard to paragraph (d), lawyers sharing office facilities, but who are not in fact associated with each other in a law firm, may not denominate themselves as, for example, "Smith and Jones," for that title suggests that they are practicing law together in a firm.

The addition of the words "Group" and "and Associates" following the name of a lawyer in a firm name implies to the public that more than one lawyer is practicing law together in a firm. In a law firm context "Associate" has come to mean a lawyer employed with or connected with a firm who usually is not a partner. "Associates" is not a proper term to use in a firm name to mean nonlawyer assistants such as secretaries, investigators, law student interns, and paraprofessionals. Accordingly, a solo practitioner cannot use the name "Smith and Associates" as a firm name. Similarly, a sole practitioner's use of "Group" or "Team" implies that more than one lawyer is employed in the firm and is therefore misleading.