UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER鈥橲 CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 03-04
Facts
Attorney seeks to establish a private law practice under the firm name, 鈥淐apitol Counsel, L.L.C..鈥� Attorney will practice primarily in the areas of lobbying and government relations, will appear before administrative bodies, and will offer medical debt collection services.
Questions
May Attorney engage in the practice of law under the firm name, 鈥淐apitol Counsel, L.L.C.鈥�?
Summary
The practice of law under the trade name 鈥淐apitol Counsel, L.L.C.鈥� does not violate the South Carolina Rules of Professional Conduct.
Opinion
The use of a trade name by a law practice is governed by Rule 7.5. The rule provides:
(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1.
The aim behind Rule 7.5 is made 91黑料爆料ar by its reference to Rule 7.1. The opening sentence of 7.1 states: 鈥淎 lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer or the lawyer鈥檚 services.鈥�
The problems arising from the use of a trade name which implies 鈥渁 connection with a government agency or with a public or charitable legal services organization鈥� are manifest, both in their confusion for the client and the potential unfair advantage for the law firm in question.
Trade names which do not violate 7.5 are 91黑料爆料arly sanctioned. Even the use of a geographical designation in a trade name does not necessarily violate the rule, though 鈥渁n express disclaimer that it is not a public legal aid agency may be required to avoid a misleading implication.鈥� Comment, Rule 7.5, SCRPC (using example 鈥淪pringfield Legal Clinic鈥�).
The word 鈥渃apitol鈥� refers to 鈥渁 building in which a state legislature meets.鈥� Webster鈥檚 II New Twentieth Century Dictionary 227 (1994). As such it is analogous to, though less likely to confuse than, an actual geographical designation. Certainly, 鈥淐apitol Counsel, L.L.C.鈥� is substantially less likely to be mistaken as a public agency than is 鈥淐olumbia Counsel, L.L.C.鈥� Cf., S. C. Bar Eth. Adv. Op. #91-27 (use of trade name 鈥淲orkers Compensation Legal Clinic鈥� violative of 7.5 鈥渂ecause it implies that the clinic is sponsored by the Worker鈥檚 Compensation Commission鈥�).
No state agencies include the word 鈥渃apitol鈥� in their nomenclature. Without conducting an exhaustive review of all of this state鈥檚 鈥減ublic legal aid agenc[ies]鈥�, it seems unlikely that any such agency in South Carolina employs the word 鈥淐apitol鈥� in its name. Inclusion of the corporate designation 鈥淟.L.C.鈥� further clarifies that the entity is a private corporation, not a public entity.
In our opinion, the trade name 鈥淐apitol Counsel. L.L.C.鈥� does not violate Rule 7.5.