Why Do Law Firms Use Last Names

As a general rule, the question arises as to whether the name of a law firm that is different from the name under which the lawyer was admitted constitutes a “trade name” prohibited by Rule 7.5(b). See, for example, NY State 1152 (the lawyer`s first name as a company name is a business name); NY State 1003 (initials of two middle names and full last name, no trade name), NY State 948 (variant of the lawyer`s name created by associating the lawyer`s initials with an abbreviation of the lawyer`s last name is a trade name); NY State 920 (attorney`s initials as a company name is a business name). Washington lawyers are allowed to use trade names as long as they are not misleading. CPR 7.5, CMT. 1. While trade names were relatively unusual just a few years ago, they are now widely used. I spoke to my colleagues in the small group of firms to find out why they were deviating from the model of law firms with the last name or why they wanted to do it. Some states allow geographic terms and fields of activity in law firm names if there is a disclaimer to clarify misleading associations. In others, it is not necessary. “We thought we could keep the name, which some law firms do, or we could change it,” Bartels said. “And the consensus was that we wanted to change it and go with a non-traditional name, something memorable, and start building a strong brand rather than a lastname appeal.” As Mike Matesky says, “I knew Matesky Law would be a distinctive company name, even if it was based on surnames, and I wasn`t worried about possible confusion with other Matesky. Other surnames can be difficult to pronounce for your clientele or reference sources.

Indian lawyer Ryan Dreveskracht [sic] comes to mind for some reason. Brand stability is the flip side of the growth theme. It takes years for a law firm to establish itself in the community as a reliable and trustworthy provider of excellent legal services. Changing the name of the company comes with the serious communication challenge of making sure people know you`re still you (plus one or more, as the case may be). Loriann Miller (Ardent Law) points out: “I don`t like law firms changing their name every time a partner changes. Loriann points out that while Surname Law Firm remains a unique law firm, what happens when the lawyer gets married? Modern naming conventions for law firms allow for the use of jurisdictions or areas of activity. Traditional law firm names are much more restrictive, but as you`ll see, some states prohibit more modern conventions. Shreya Ley of LayRoot makes another interesting point: the letterhead rich in surnames tells clients which of the avocados are the best, or at least could be considered as such. “After all, we wanted to transfer clients to other lawyers who work for the firm and not upset clients because they don`t have time with someone whose name isn`t on the letterhead.” There may be strategic reasons to promote precisely this perceived difference in value. When partners charge four times the rate of their employees, the company needs to create a strong perception (and reality) that partners offer higher value.

But for companies like LayRoots and mine, which work largely with flat billing, we have far fewer financial incentives to strengthen the status of business leaders. The Washington Supreme Court later changed its ethics rules to allow non-traditional names, and the ABA said Summit had retained its name. But it took years for something other than law firms to gain a foothold in the legal community. Law firms can set up limited liability companies and LLCs, they just don`t because it`s a business model they don`t need or want. When incorporated, they must comply with all national registration requirements and are accountable to a board of directors and shareholders. In a partnership, they can easily split and pocket the profits at the end of the year. It also facilitates a lot of money laundering by law firms, which they shouldn`t do, but it`s hard to track. No matter how fair these rules are, respect the rule in your jurisdiction. Some jurisdictions allow brand names for law firms without restriction, others prohibit them altogether. Still others allow a brand name as long as a lawyer`s name is included. And some jurisdictions don`t allow the firm itself to have a brand name, but there`s more flexibility with the domain name on the law firm`s website.

The obvious option (and the one most law firms choose) is to name the firm after the owner or partners: “The Law Office of Sam Seaborn, PLLC” or “Seaborn & Lyman, P.C.” Especially if you`ve worked at a law firm with someone else`s name above the door, it can be especially rewarding to literally hang a shingle with your name on it. After all, you`ve worked hard to start your own business. Why shouldn`t he have your name? Fortunately, there are few law firm names with 10 surnames, and it is more commonly known as Ziffren & Brittenham LLP anyway. There are generally two approaches you can take when naming your law firm. One is the traditional approach, where you simply use your last name or, if you have a partner, your name. Some examples would be Schulman & Morrison, Schulman & Associates or Schulman & Morrison Law Associates. You`re probably familiar with these guidelines, but it`s worth stating a few other non-nos for law firm names: “We had a list that probably had 50 names, and we had to overcome egos; Lawyers have big egos and everyone wants their name on the door,” Bartels said. And suddenly, when we were reduced from six names to one, it was difficult for some of the shareholders mentioned. I am not sure that some have done so, and they are no longer with us. That`s not the only reason they moved on, but I`m sure it was in the back of their minds. As always, be sure to check your jurisdiction`s naming rules, as each state has different rules. Some states allow brand names, while others — like Georgia, New York and Ohio — ban trade names.

During his tenure as WSBA President, Steve Crossland (Crossland Law Offices) has worked hard to raise awareness of the challenges of transitioning legal practice. A common misconception among lawyers in small firms is that they own a business that is worth selling, or rather, worth buying. To greatly simplify the ideas shared by Steve and others, the more closely a firm`s identity and value is tied to a particular lawyer, the harder it will be to sell (i.e., the less market value it has). While a single business name certainly isn`t enough, it leads the company in the right direction to be considered a unit. As Shreya says (see above), “We wanted to have the ability to create a saleable asset, including a brand name that is not related to me as an individual.” Intellectual property lawyer Mike Matesky also points out that businesses other than surnames may have an easier time registering their name as a trademark. Today we took an entertaining reading from Reuters on the names of Chinese law firms. They are not bound by the same ethical rules as American companies, so they can be more creative. King & Wood, based in Beijing for example, you will not become Mr. King or Mr. Wood in the company.

They do not exist. But the name is catchy. Some states allow attorneys to form professional societies that use names other than the names of the partner/member/shareholder. Many domain names based on practice area and location have been acquired in recent years, with law firms rebranded to take advantage of the ABA rule change. It won`t be for all law firms, but some may take inspiration from names like Ditcher, Quick & Hyde Divorce Lawyers. You can use these examples of non-traditional law firms* to inspire your brainstorming process. Remember to always check if you can use a brand name or business name for your law firm in your state: divide your list of names into candidates and other most promising options and throw out the rest. But my idea was, if I want to approach this in a completely different way, I have to mark myself in a completely different way. The name of the company therefore had to reflect something new. The ethics committee says there is no significant difference between using a company name that consists of a middle name and a last name (as in NY State 1003) and one of the two surnames. She believes that the possibility that some members of the public may believe that the firm has two partners instead of one is “too amorphous to affect our application of rule 7.5(b).” In this country, we do not impose restrictions on first names and it is not uncommon for names that are traditionally surnames to be used as first names. Therefore, the public cannot reasonably assume that a particular name is a given name or surname.