Vt. R. Prof. Cond. 7.5
Vt. R. Prof. Cond. 7.5
Comment
[1] A firm may be designated by the names of all or some of its members, by the names of deceased members where there has been a continuing succession in the firm's identity or by a trade name such as the "ABC Legal Clinic." A lawyer or law firm may also be designated by a distinctive website address or comparable professional designation. Although the United States Supreme Court has held that legislation may prohibit the use of trade names in professional practice, use of such 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 "Springfield Legal Clinic," an express disclaimer that it is 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. 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.
[2] With regard to paragraph (d), lawyers sharing office facilities, but who are not in fact partners associated with each other in a law firm, may not denominate themselves as, for example, "Smith and Jones," for that title suggests partnership in the practice of that they are practicing law together in a firm.
V.R.P.C. 7.5 has been amended to conform to the changes in the Model Rule. The phrase "or a nonlawyer" was added by amendment at the August 2002 meeting of the House of Delegates on the recommendation of the Standing Committee on Ethics and Professional Responsibility for consistency with the simultaneous amendment of Model Rule 7.2(b). See Reporter's Notes to Amendment of V.R.P.C. 7.2.
The ABA Reporter's Explanation of other changes is as follows:
TEXT:
Paragraph (b): Add reference to "other professional designation"
A reference to "other professional designation" has been added in paragraph (b) to clarify that the Rule applies to website addresses and other ways of identifying law firms in connection with their use of electronic media.
COMMENT:
[1] The new sentence in Comment [1] recognizes that a law firm's website address is a professional designation governed by Rule 7.5. Thus, a law firm may not use a website address that violates Rule 7.1.
[2] The reference to partnership in the [former] Comment is underinclusive because lawyers also practice in professional corporations and limited liability companies.