Following is the 62nd post in a series from Parker Taylor Law Group about recent changes to the California Bar Association (CBA)’s Rules of Professional Conduct (RPC). This rule is found in Chapter 7 – “Information About Legal Services,” focusing on restrictions placed upon firm names and trade names.
This Rule of Professional Conduct, as revised, is as follows:
Rule 7.5 Firm Names and Trade Names
(a) A lawyer shall not use a firm name, trade name or other professional designation that violates rule 7.1.
(b) A lawyer in private practice shall not use a firm name, trade name or other professional designation that states or implies a relationship with a government agency or with a public or charitable legal services organization, or otherwise violates rule 7.1.
(c) A lawyer shall not state or imply that the lawyer practices in or has a professional relationship with a law firm or other organization unless that is the fact.
Application:
Although the cross-reference chart comparing the CBA’s previous set of RPC rules to the current ones (effective as of November 1, 2018) says that Rule 7.5 in the revised RPC corresponds to Rule 1-400 in the old version, the information in this revised rule does not appear in the old rule at all. The new rule simply states that an attorney in private practice shall not – through the name of their firm or trade – imply a relationship with a government agency or charitable legal services foundation, nor shall the attorney imply that he or she has a professional relationship with a law firm or other organization … unless that is actually true.
As with Rule 7.4 of CBA’s revised RPC (discussed in the previous post), Rule 7.5 also doesn’t correspond to any rules in the American Bar Association (ABA)’s Model RPC. According to the ABA’s website (www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct), this rule has been deleted.
Benefit: Generally speaking, the purpose of this rule is simple and straightforward, reducing the likelihood of any misunderstandings about this important area of business.
The information provided herein is informational only and should not be construed as legal advice or as an agreement for representation. This is not an advertisement. If you have an issue or dispute with your attorney, or are seeking advice with respect to your obligations, you should consult with an experienced attorney. Parker Taylor Law Group is a full-service litigation and transactional law firm. Mr. Parker has represented clients in professional malfeasance disputes for over 23 years. If you would like to schedule an initial consultation with Mr. Parker or his team, you can reach them at (916) 996-0400 or at contact@parlawgroup.com. (An email to the law firm requesting a consultation does not create an attorney-client relationship or any agreement for representation by the firm.)
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