伦理意见244

在公司名称中包含非靠谱的滚球平台合伙人的姓名

假设符合规则5的要求.(b)靠谱的滚球平台事务所的名称中可以包括非靠谱的滚球平台合伙人的名称. 然而, 公司必须在固定的信纸上写明, 名片和职业列表表明非靠谱的滚球平台合伙人不是靠谱的滚球平台.

适用的规则

• 规则5.4(b)(与非靠谱的滚球平台执业)
• 规则7.5(公司名称及信头)

调查

爱问的靠谱的滚球平台, 我们称他为史密斯, 是哥伦比亚特区的唯一执业医师. 他提议与一位非靠谱的滚球平台合伙, 我们称他为琼斯, 为客户提供人身伤害和财产损害案件的法律服务. 琼斯, 经验丰富的调查员, will provide various investigative services such as photographs of accident scenes and interviews of clients and witnesses. He will also perform nonlegal research and provide administrative assistance in preparation of cases for trial and settlement negotiations. 这些支持服务将仅与史密斯的法律业务有关. Smith and 琼斯 will enter into a written agreement that will specify that the sole purpose of the partnership is the provision of legal services to clients; that 琼斯 will abide by the 职业行为准则; and that Smith will undertake to be responsible for 琼斯’s compliance.

拟议中的合伙企业将被命名为“史密斯” & 琼斯”或“史密斯” & 琼斯的同事.” Alternatively, Smith may form a professional corporation, which would be called “Smith & 琼斯,P.A.这样一家专业公司将归史密斯所有, 琼斯将与公司签订合同, 以及史密斯本人, 为他提供非法律服务以换取一定比例的费用. 琼斯将被指定为公司实体的“首席行政官”.

讨论

The questions posed by the inquiry are (1) whether the proposed arrangement comports with 规则5.4(b); (2) whether the name of 琼斯, 的nonlawyer, may be included in the firm name; and if so, (3) whether the firm must take affirmative steps to make clear to clients and prospective clients that 琼斯 is not a lawyer.

首先，我们发现提议的安排符合规则5.第4(b)条规定:

A lawyer may practice law in a partnership or other form of organization in which a financial interest is held or managerial authority is exercised by an individual nonlawyer who performs professional services which assist the organization in providing legal services to clients, 但前提是:

(1) The partnership or organization has as its sole purpose providing legal services to clients;
(2) All persons having such managerial authority or holding a financial interest undertake to abide by these rules of professional conduct;
(3) The lawyers who have a financial interest or managerial authority in the partnership or organization undertake to be responsible for 的nonlawyer participants to the same extent as if nonlawyer participants were lawyers under 规则5.1;
(4)上述条件以书面形式规定.

这条规则, 哥伦比亚特区独有的, permits lawyers to form partnerships or other organizations in which nonlawyers have a financial interest—as partners or otherwise—so long as the specified conditions are met. 根据询问靠谱的滚球平台的陈述, 在这种情况下，这些条件似乎都满足了. 史密斯的生意 & 琼斯 will be limited to the provision of legal services to clients; 琼斯 will undertake to comply with the 职业行为准则; Smith will undertake to assure that compliance; and these undertakings will be set forth in writing.

下一个问题是琼斯的名字是否会出现在公司名称中. 规则5中没有.4 or the Comment to the Rule suggests that the name of a nonlawyer partner may not be included in a firm name. 问题依然存在, 然而, whether the inclusion of the name of a nonlawyer in the name of a partnership or other organization devoted to the provision of legal services is inherently misleading. 规则7.第5(a)条规定“靠谱的滚球平台不得使用事务所名称, 信头, 或其他违反规则7的专业名称.1.规则7.1(a), 反过来, provides 在相关部分 that “a lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it: (1) Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.”

意见No. 45 (1978), 根据前《靠谱的滚球平台》发出, 我们认为非靠谱的滚球平台的名字不能出现在靠谱的滚球平台事务所的名字中. 然而, that opinion was based on a construction of DR 2-102(B) as explicitly limiting firm names to those of “lawyers in the firm.”¹ 同时也受到DR 3-103(A)明确禁止的影响, which provided that “a lawyer shall not form a partnership with a non-lawyer 如果有任何 of the activities of the partnership consist of the practice of law.”

Under the 职业行为准则 now in effect, 然而, the situation is quite different. 规则5取消了与非靠谱的滚球平台合伙的传统限制.4(b). And the detailed restrictions of the Code of Professional Responsibility with respect to names of firms have been replaced in 规则7.我有不误导的一般禁令. 鉴于这些变化, we believe that it is no longer misleading to include the name of a nonlawyer partner in the firm name of a partnership that is devoted to the provision of legal services to clients and that complies in all other respects with 规则5.4(b). The firm name of a law firm constitutes an implicit representation that the firm is engaging in legal services, 但, 给定规则5.4(b), it does not inherently constitute a representation that every partner in the firm is a lawyer.

尽管如此, 我们认为，如果公司名称中包含非靠谱的滚球平台合伙人的名字, 除非作出适当的披露，否则有可能产生误解. 在这种情况下，公司必须作出适当的披露, 抬头牢固, 名片, 还有专业列表, 公司里有一个非靠谱的滚球平台合伙人. 如果个人的名字没有列在信头上, 非靠谱的滚球平台是冠名合伙人这一事实必须以某种方式加以说明.g.在公司名称后面加上“包括非靠谱的滚球平台在内的合伙企业”.² 当然, 无论如何, 如果每个人的名字都列在信头上, 名片或公司名单, 任何被列入名单的非靠谱的滚球平台合伙人都应以适当的方式加以确认.g., “investigator,” “firm administrator,” “economist”—that makes clear that he or she is not a lawyer. 见意见No. 7月19日, 1977) (nonlawyer patent agent employed by law firm may be listed 抬头牢固 followed by the designation “patent agent”); ABA Informal Opinion 89-1527 (Feb. 22, 1989) (nonlawyer executive director may be listed 抬头牢固 and 名片, so long as listing makes clear that person is a nonlawyer or responsible only for administration of the office).

调查没有. 92-11-46
通过:1993年11月23日

1. DR 2-102(B), 在相关部分, “私人执业的靠谱的滚球平台不得使用商业名称执业, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm.(加重语气).
2. 我们没有触及什么披露的问题, 如果有任何, need be made in the case of a firm in which a nonlawyer is a partner 但 is not included in the firm name and is not listed on the 信头.