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Ethics and Firm Names

  • 1.  Ethics and Firm Names

    Posted 12-12-2015 11:54 AM

    Clearly, when you announce to the public that your firm name is Caramba and Associates, (fictitious name, of course) when you have only one or zero associates, you mislead the public and are violating attorney ethics.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585
    ------------------------------


  • 2.  RE: Ethics and Firm Names

    Posted 12-12-2015 12:06 PM
    Technically, you'd need at least 2 associates, aside from the partner, to make that ethical then. Otherwise, it'd have to be "& associate", Ha!

    Aleksandra N. Gontaryuk, Esq.
    AG Law Group, LLC
    P.O. Box 244
    Metuchen, NJ 08840
    Tel.: 908.336.7550
    Fax: 908.379.8758


    On Sat, Dec 12, 2015, 12:02 PM Aleksandra Gontaryuk, Esq. <[email protected]> wrote:
    Technically, you'd need at least 2 associates, aside from the partner to make that ethical then?

    Aleksandra N. Gontaryuk, Esq.
    AG Law Group, LLC
    P.O. Box 244
    Metuchen, NJ 08840
    Tel.: 908.336.7550
    Fax: 908.379.8758



    Original Message


  • 3.  RE: Ethics and Firm Names

    Posted 12-12-2015 12:10 PM
    So one would need to change their firm name, redo all marketing material and pay 50 bucks for a substitution with each ASAP associate that comes and goes?

    Sandy 
    Sent from my iPhone



    Original Message


  • 4.  RE: Ethics and Firm Names

    Posted 12-12-2015 12:15 PM

    If you are misleading the public, that's what you are doing. Same thing with "Alcatraz Group." If one does not have to go through all that inconvenience every time the third lawyer leaves, you need to stay away from names like that. Named partners who leave result in immediate letterhead changes as well. It's part of the business.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585

    Original Message


  • 5.  RE: Ethics and Firm Names

    Posted 12-12-2015 12:17 PM

    No. RPC to follow…

     

     

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    The Law & Mediation Office of Carol N. Goloff

    2216 Shore Road

    The Dr. Peter Marvel House

    Northfield, NJ 08225

    Telephone (609) 646-1333

    Facsimile (609) 641-6373

    Attorney ID #028211987

     




    Original Message


  • 6.  RE: Ethics and Firm Names

    Posted 12-12-2015 12:32 PM

    First, look to R. 6:1 through 5 which addresses FIRM NAMES; then See R. 7:1 through 6 which deals with LETTERHEAD & BUSINESS CARDS.

     

    RPC 7.1a says letterhead cannot be false or misleading;

     

    RPC 7.5a states the full or last name of one or more of a current or deceased or retired member of the firm must be included in the name;

     

    RPC 7.5e limits the use of "& Company" or "& Associates" and supporting opinions hold that letterhead must be in a "dignified form".

     

    ~ Carol

     

     

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    The Law & Mediation Office of Carol N. Goloff

    2216 Shore Road

    The Dr. Peter Marvel House

    Northfield, NJ 08225

    Telephone (609) 646-1333

    Facsimile (609) 641-6373

    Attorney ID #028211987

     




    Original Message


  • 7.  RE: Ethics and Firm Names

    Posted 12-13-2015 08:33 AM

    Absolutely true, Carol!

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585

    Original Message


  • 8.  RE: Ethics and Firm Names

    Posted 12-12-2015 01:43 PM

    How about calling yourself "Smith Law Group" when you are only one attorney?

    ------------------------------
    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600

    Original Message


  • 9.  RE: Ethics and Firm Names

    Posted 12-12-2015 01:46 PM

    Misleading. Wouldn't any reasonable person think a group is comprised of more than one?

     

     

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    The Law & Mediation Office of Carol N. Goloff

    2216 Shore Road

    The Dr. Peter Marvel House

    Northfield, NJ 08225

    Telephone (609) 646-1333

    Facsimile (609) 641-6373

    Attorney ID #028211987

     




    Original Message


  • 10.  RE: Ethics and Firm Names

    Posted 12-12-2015 02:16 PM
    Shouldn't we really focus on issues that affect the practice of law and the quality of services rendered?  

    Sent from my iPhone



    Original Message


  • 11.  RE: Ethics and Firm Names

    Posted 12-12-2015 02:23 PM

    I would respectfully suggest that this does both and was glad to see it raised. If you have not dealt with the issue or had a client affected by it yet, it is probably only a matter of time considering the economic times and recent law school and Bar exam issues in the news lately. If curiosity is piqued, feel free to message me and I will provide some interesting scenarios but will not continue the thread.

     

    ~ Carol

     

     

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    The Law & Mediation Office of Carol N. Goloff

    2216 Shore Road

    The Dr. Peter Marvel House

    Northfield, NJ 08225

    Telephone (609) 646-1333

    Facsimile (609) 641-6373

    Attorney ID #028211987

     




    Original Message


  • 12.  RE: Ethics and Firm Names

    Posted 12-13-2015 09:04 AM
      |   view attached

    Last Saturday, Judge Fall and I moderated a full day program that included segments we taught on attorney ethics and malpractice. Occasionally, I post what I believe to be topical observations. Being aware of attorney ethics, including advertising standards, are indeed topical. Here's one for thought: You are licensed to practice law in NJ. You decide to do nothing but mediation. The fact is, that any attorney licensed to practice law here IS practicing law when mediating. Does it then follow that this attorney may not use the name "AAA Mediation Solution"?

    As far as Spanky Law Group or Darla & Associates when there are less than three lawyers... it should be obvious, unless your name is Sybil Dorsett (Shirley Mason). 

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585

    Original Message


  • 13.  RE: Ethics and Firm Names

    Posted 12-13-2015 10:41 AM

    Curt

    A lawyer may choose to open a separate mediation practice, not part of his/her law firm, and use any trade name s/he chooses. The only limit is that said attorney must use J.D., but not Esq., as part of his/her marketing, and may not prepare settlement agreements or take people to court in that setting.

    Who would choose to so practice?

    Someone who wants to partner with non-lawyers to create a full service mediation practice: JD, CPA, LCSW/PhD.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ



    Original Message


  • 14.  RE: Ethics and Firm Names

    Posted 12-13-2015 10:43 AM

    Exactly! Thanks, young man, and Happy Holidays!

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585

    Original Message


  • 15.  RE: Ethics and Firm Names

    Posted 12-13-2015 10:44 AM

    Interesting. The NJSC threw out the "dignified" standard in my 1986 challenge to the then-existing attorney advertising rules, Matter of Felmeister & Isaacs.  How is that standard back in use today and how can it ever be enforced?

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ



    Original Message


  • 16.  RE: Ethics and Firm Names

    Posted 12-13-2015 11:05 AM

    I just turned 61. But thanks anyway.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ



    Original Message


  • 17.  RE: Ethics and Firm Names

    Posted 12-13-2015 11:41 AM

     I turned 61 on September 22, 2015. We must have gone to different schools together. J

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585

    Original Message


  • 18.  RE: Ethics and Firm Names

    Posted 12-17-2015 06:37 PM
    I also came across this Opinion (pasted below).  Hope it helps.  

    Thank you.

    Regards,

    Maggi Khalil Maksoud, Esq. 
    -----------------------------------------------

    Law Office of Maggi Khalil Maksoud, LLC
    561 Broadway, Suite 1
    Bayonne, NJ 07002
    Phone: 201-858-4555
    Fax:  201-858-4599

    The information contained in this e-mail, and any attachment, is confidential and is intended solely for the use of the intended recipient. Access, copying or re-use of the e-mail or any attachment, or any information contained therein, by any other person is not authorized. If you are not the intended recipient please return the e-mail to the sender and delete it from your computer.



     

    COMMITTEE ON ATTORNEY ADVERTISING

    Appointed by the New Jersey Supreme Court

    OPINION 10

    Law Firm Name: Additional
    Identifying Language 

        This Opinion is occasioned by the Committee's recent consideration of separate grievances concerning, among other things, the law firm names employed by two sole practitioners. Although one matter resulted in a recommendation of private discipline after formal hearing, and the other was resolved informally, the Committee determined that the one issue common to both warranted a formal advisory opinion. 
        The names the Committee found objectionable were:
            (1) Doe and Company

            (2) Accidental Injury Legal Practice Robert Roe, P.A.

        Prior to the amendments adopted June 29, 1990, and effective September 4, 1990, RPC 7.5(a) provided that
            A lawyer shall not use a law firm name, letterhead or other professional designation that violates RPC 7.1. Except for nonprofit legal aid or public interest law firms, the name under which a lawyer or law firm practices shall contain only the full or last names of one or more lawyers in the firm or office or the names of a person or persons who have ceased to be associated with the firm through death or retirement. 

    The then seemingly insurmountable obstacle to the use of additional identifying language was that part of the rule which limited firm names to only the full or last names of those lawyers actively practicing with the firm and/or those lawyers who had been active but retired or died. In its employment of the words "shall contain only," instead of a more permissive "shall include," the rule clearly prohibited a for profit law firm name from containing any words or phrases other than proper names. CAA Opinion 2, 120 N.J.L.J. 789 (1987), petition for review granted sub nom Frank P. Friedman & Associates and Casha & Associates v. Committee on Attorney Advertising, 114 N.J. 315 (1988).
        The question of whether the name under which a lawyer or law firm practices may include additional identifying language was ultimately referred to the Ad Hoc Supreme Court Committee on Law Firm Names. In its Report, 125 N.J.L.J. 316 (1990), the Ad Hoc Committee concluded that additional identifying language such as "& Associates," "A & Sons," "B & Niece" or "C Brothers" was not inherently misleading and should be permitted "so long as the individuals to whom the identifying language refers are, in fact, lawyers actively practicing with the firm." Id at 320. Consequently, it recommended that RPC 7.5 be revised in two respects. 
        The Ad Hoc Committee's first recommendation was that the second sentence of RPC 7.5(a) be amended to delete the restrictive "shall contain only" and replace it with the more permissive "shall include the full or last names...." The second recommendation was that the following provision be added to RPC 7.5 as a new paragraph:

            A law firm name may include additional identifying language such as "& Associates" only when such language is accurate and descriptive of the firm.

    These recommendations were adopted by the Supreme Court on June 29, 1990, and became effective September 4, 1990.
        A careful reading of the Report of the Ad Hoc Supreme Court Committee on Law Firm Names, supra, 125 N.J.L.J. 316, suggests that the Ad Hoc Committee's focus was on identifying language that refers to lawyers practicing with the firm. Consequently, we are convinced that the drafters' intent was that RPC 7.5(e) enable firms to use additional language identifying the attorneys in, and not describing the nature of the practice of, the firm. 
        We now direct our attention to the law firm names in question, "Doe and Company" and "Accidental Injury Legal Practice [of] Robert Roe, P.A." As to the first, we note that the word "company" has no known meaning or commonly understood definition insofar as it relates to the practice of law. In common parlance, partners and associates in law firms are not generally referred to as owners or employees of companies. Consequently, we conclude that the term "company" does not identify the attorneys in a firm and its use in a law firm name would, therefore, be violative of RPC 7.5(e). Since the term is also misleading as to the nature of the office and the status of those practicing therein, its use in a law firm would also be violative of RPC 7.5(a) and RPC 7.1(a)(1). 
        The second name, "Accidental Injury Legal Practice [of] Robert Roe, P.A.," poses a slightly different problem. Respondent Roe stated that his practice was limited to plaintiff's personal injury cases and that he did not accept or handle any other types of matters. Therefore, he argued, his law firm name was neither false nor misleading and was primarily informational in that it identified the specific nature of his practice. Nevertheless, we remain convinced that RPC 7.5(e) contemplates the use of additional language identifying the attorneys in, and not describing the nature of the practice of, the firm. Consequently, the use in a law firm name of language conveying any information other than the identity of the attorneys in the firm would constitute a violation of the rule. 

    * * *



    On Sun, Dec 13, 2015 at 11:41 AM, Curtis Romanowski via New Jersey State Bar Association




    Original Message


  • 19.  RE: Ethics and Firm Names

    Posted 12-17-2015 07:11 PM

    Part 2 of that old Opinion is certainly abrogated by the Supreme Court's latest RPC's permitting trade names.

    Today, "Accidental Injury Legal Practice, Robert Roe, Esq.," would be perfectly permissible in NJ.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

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    Original Message