(a) A lawyer shall not use a firm name, letterhead, or other professional designation that violates RPC 7.1. Except for organizations referred to in R. 1:21-1(d), the name under which a lawyer or law firm practices shall include the full or last names of one or more of the 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.

(b) A law firm with offices in more than one jurisdiction may use the same name in each jurisdiction. In New Jersey, identification of all lawyers of the firm, in advertisements, on letterheads or anywhere else that the firm name is used, shall indicate the jurisdictional limitations on those not licensed to practice in New Jersey. Where the name of an attorney not licensed to practice in this State is used in a firm name, any advertisement, letterhead or other communication containing the firm name must include the name of at least one licensed New Jersey attorney who is responsible for the firm's New Jersey practice or the local office thereof

(c) A firm name shall not contain the name of any person not actively associated with the firm as an attorney, other than that of a person or persons who have ceased to be associated with the firm through death or retirement.

(d) Lawyers may state or imply that they practice in a partnership only if the persons designated in the firm name and the principal members of the firm share in the responsibility and liability for the firm's performance of legal services.

(e) A law firm name may include additional identifying language such as "& Associates" only when such language is accurate and descriptive of the firm. Any firm name including additional identifying language such as "Legal Services" or other similar phrases shall inform all prospective clients in the retainer agreement or other writing that the law firm is not affiliated or associated with a public, quasi-public or charitable organization. However, no firm shall use the phrase "legal aid" in its name or in any additional identifying language.

(f) In any case in which an organization practices under a trade name as permitted by paragraph (a) above, the name or names of one or more of its principally responsible attorneys, licensed to practice in this State, shall be displayed on all letterheads, signs, advertisements and cards or other places where the trade name is used.

Note: Adopted July 12, 1984, to be effective September 10, 1984; paragraphs (a) and (d) amended, paragraph (e) amended and redesignated as paragraph (f) and new paragraph (e) added June 29, 1990, to be effective September 4, 1990.

Comment to RPC 7.5

This is renumbered DR 2-105, which the Court revised and adopted on January 16, 1984. What follows is the comment that accompanied that revision (see 113 N.J.L.J. 91, 93(1984)).

This rule requires that the name under which a firm operates must contain the full or last names of one or more of the lawyers in the firm or office. Firms may retain the names of deceased or retired members provided that the status of those members is clearly set forth. Except for nonprofit legal aid or public interest law firms, the rule does not permit the use of a name that contains anything other than the name or names of individual lawyers. Although "Smith and Jones" would be acceptable, "The Jones Law Clinic" or "National Legal Services" would not be.

Paragraph (b) provides that law firms from other jurisdictions with offices in New Jersey may use, subject to paragraph (a), a firm name that includes the names of non-New Jersey attorneys. In order to do so, the jurisdictional limitations of practice for those named members of the firm not admitted in New Jersey must be set forth. In addition, when the name of an attorney not licensed in New Jersey is used in any firm name, all advertisements, letterheads or other communications must include the name of at least one attorney who is licensed in New Jersey. The person named must be responsible for the firm's New Jersey practice or a local office in this State. The intent of the rule is to make it clear that consumers are entitled to know with whom they will be dealing. Furthermore, they must know that legal work generated in New Jersey will be handled by lawyers admitted to the bar of this State.

All offices maintained by multi-jurisdiction firms will have to meet the bona fide office requirements of R. 1:21-1(a) and In re Sackman, 90 N.J. 521 (1982).

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