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Rule 7.5. Firm names and letterheads.

(a)A licensed paralegal practitioner shall not use a firm name, letterhead orother professional designation that violates Rule 7.1 of the Licensed ParalegalPractitioner Rules of Professional Conduct. A trade name may be used by alicensed paralegal practitioner in private practice if it does not imply aconnection with a government agency or with a public or charitable legalservices organization and is not otherwise in violation of Rule 7.1 of theLicensed Paralegal Practitioner Rules of Professional Conduct.

(b)A law firm with licensed paralegal practitioners or a firm with licensedparalegal practitioners with offices in more than one jurisdiction may use thesame name or other professional designation in each jurisdiction, butidentification of the licensed paralegal practitioners in an office of the firmshall indicate the jurisdictional limitations on those not licensedto practice in the jurisdiction where the office is located.

(c)? The name of a licensed paralegal practitionerholding a public office shall not be used in the name of a firm, or incommunications on its behalf, during any substantial period in which thelicensed paralegal practitioner is not actively and regularly practicing withthe firm.?

(d)Licensed paralegal practitioners may state or imply that they practice in apartnership or other organization only when that is the fact.

 

Comment

[1] A firm may be designated by the names of allor some of its members, by the names of deceased members where there has been acontinuing succession in the firm's identity or by a trade name such as the"ABC Legal Clinic." A licensed paralegal practitioner firm may alsobe designated by a distinctive website address or comparable professional designation.Although the United States Supreme Court has held that legislation may prohibitthe use of trade names in professional practice, use of such names in practiceis acceptable so long as it is not misleading. If a private firm uses a tradename that includes a geographical name such as "Springfield LegalClinic," an express disclaimer that it is not a public legal aid agencymay be required to avoid a misleading implication. It may be observed that anyfirm name including the name of a deceased partner is, strictly speaking, atrade name. The use of such names to designate firms has proven a useful meansof identification. However, it is misleading to use the name of a licensedparalegal practitioner not associated with the firm or a predecessor of thefirm, or the name of a non-lawyer.

[2] With regard to paragraph (d), licensed paralegal practitionerssharing office facilities, but who are not in fact associated with each otherin a firm, may not denominate themselves as, for example, "Smith andJones," for that title suggests that they are practicing together in afirm.

 

Effective November 1, 2018