THE PARTNERSHIP NAME OF A LAW FIRM COMPOSED OF MEMBERS PRACTICING
IN NEBRASKA AND OTHER JURISDICTIONS MAY INCLUDE THE NAME OF A PARTNER
NOT LICENSED TO PRACTICE IN NEBRASKA IF THE ENUMERATION OF THE MEMBERS
AND ASSOCIATES OF THE FIRM ON ITS LETTERHEAD AND IN OTHER PERMISSIBLE
LISTINGS MAKES CLEAR THE JURISDICTIONAL LIMITATIONS ON THOSE MEMBERS
AND ASSOCIATES OF THE FIRM NOT LICENSED TO PRACTICE IN ALL LISTED
JURISDICTIONS.
FACTS
Inquiry has been made as to whether the name of a law firm practicing
in Nebraska may include a partner who is not licensed to practice
in this state. The firm has offices in states other than Nebraska
and the member in question is licensed to practice and is practicing
in one of the other states.
In the inquiry, attention was called to ABA Formal Opinion 318,
Nebraska Advisory Opinion 69-5 and DR 2-102(D) of the Code of Professional
Responsibility which became effective in Nebraska subsequent to
the issuance of Nebraska Advisory Opinion 69-5.
In Advisory
Opinion 69-5, this Committee ruled that the firm name in Nebraska
could not include the name of a lawyer not licensed to practice
in this state. Reliance was had on ABA Formal Opinion 318. Subsequent
to the issuance of ABA Formal Opinion 318, the present Code of Professional
Responsibility was adopted by the House of Delegates of the American
Bar Association. The Nebraska Supreme Court adopted the Code effective
May 1, 1970, subsequent to the issuance of Advisory Opinion 69-5.
DR 2-102(D) of the Code of Professional Responsibility as so adopted
provides:
"A partnership shall not be formed or continued between or
among lawyers licensed in different jurisdictions unless all enumerations
of the members and associates of the firm on its letterhead and
in other permissible listings make clear the jurisdictional limitations
on those members and associates of the firm not licensed to practice
in all listed jurisdictions; however, the same firm name may be
used in each jurisdiction."
ABA
Informal Opinion 1165 states that the last clause of DR 2-102(D)
clearly permits use of a firm name which includes the name of a
partner not admitted in the particular jurisdiction. That opinion
recognized that DR 2-102(D) overruled ABA Formal Opinion 318 and
reflected a change from Canon 33 of the old Canons of Professional
Ethics.
In our
opinion, DR 2-102(D) also overrules Nebraska Advisory Committee
Opinion 69-5.
CONCLUSION
The firm name of a law partnership practicing in Nebraska may
include the name of a partner who is not licensed in Nebraska
but is licensed to practice and is practicing in another state
if the enumeration of the members and associates of the firm on
its letterhead and in other permissible listings makes clear the
jurisdictional limitations on those members and associates of
the firm not licensed to practice in all listed jurisdictions.
78-4
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