The inquirer states that Mr. _____________ is withdrawing from his
law firm and retiring from the practice of law as of a certain date.
His name will no longer be carried on the list of lawyers of the firm
letterhead and the inquirer asks if it is proper to continue to use
the withdrawing partner's name in the name of the firm.
The Committee is of the opinion that continued
use of the name of a retired partner in the name of the law firm
is governed by the same considerations as apply to continued use
of the name of a deceased partner in the firm's name.
DR2-102(A)(4) states in part:
".The
letterhead of a law firm may also give the names of members and
associates and name and dates relating to deceased and retiring
members."
DR2-102(B)
contains this language:
".and
if otherwise lawful a firm may use as, or continue to include in,
its name the name or names of one or more deceased or retired members
of the firm or of a predecessor firm in a continuing line of succession.
The
American Bar Association's Committee on Professional Ethics has
ruled that the continued use of a deceased or former partner's name,
when permissible by local custom, is not unethical, but care should
be taken that no imposition or deception is practiced through the
use.
This
opinion is limited to the case of a retiring lawyer who cases to
practice. The name of a partner who withdraws from a firm but continues
to practice law should be omitted form the firm name in order to
avoid misleading the public.
72-15
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