The inquiring attorney cites DR 2-102 (A) (4) and DR 2-102 (B) of
the Code of Professional Responsibility and informal opinion 959 of
the ABA Committee on Professional Ethics and inquires whether statutory
or local custom or other limitations in the State of Nebraska prohibit
the use of the name of a deceased former partner in the firm's letterhead.
Reference to provisions of Canon 33 of the Canon
of Professional Ethics reveals this language.
"The
continued use of the name of a deceased or former partner when permissible
by local custom, is not unethical, but care should be taken that
no imposition or deception is practiced through this use."
The
ABA Committee on Professional Ethics has interpreted the foregoing
excerpt from Canon 33 in both formal and informal opinions. In Formal
Opinion 6 the Committee said:
"A
law firm may continue to include in its name the name of a deceased
partner if the local custom is to do so and if such practice does
not result in misleading the public to believe that the deceased
partner is still alive and is still a factor in the business of
the firm."
To the
same effect was the ruling of the Committee in Formal Opinion 208
issued November 23, 1940. Thus it is evident that prior to the adoption
of the new Code of Professional Responsibility, a law firm may continue
to include in its name that of a deceased partner.
The
inquirer cites DR 2-102 (A) (4) and DR 2-102 (B) of the Code of
Professional Responsibility, and ABA Informal Opinion 959 issued
November 25, 1966. DR 2-102 (A) (4) states, in part:
"..The
letterhead of a law firm may also give the names of members and
associates and names and dates relating to deceased and retiring
members."..
DR 2-102
(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."
Formal
Opinion 959 of the ABA Committee on Professional Ethics was issued
November 25, 1966. In that opinion the following language from Canon
33 is quoted:
"The
continued use of the name of a deceased or former partner, when
permissible by local custom, is not unethical, but care should be
taken that no imposition or deception is practiced through the use."
We are
not aware of any statutory prohibition or local custom in Nebraska
which prohibits the use of the name of a deceased partner on the
firm's letterhead provided such use does not mislead the public.
72-6
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