What's In a Name? By Charles Hollenbeck 05/19/09
New Jersey lawyers face perhaps the most retsrictive rules in the nation regarding law firm names. A firm name must include the name of a lawyer in the firm, or the name of a lawyer no longer in the firm because of death or retirement. No trade names are allowed. There is a possibility this may change. The Supreme Court Committee on Attorney Advertising, chaired by Cynthia Cappell, held a public hearing at the NJSBA Annual Meeting to seek bar comment about R.P.C. 7.5 that regulates firm names and letterheads. Speakers from the Middlesex County Bar Association and the NJ Association for Justice were on hand to argue in favor of keeping the current rule. The committee's hearing was prompted by the Supreme Court which is considering the matter of Alpha Center for Divorce Mediation, a law firm that seeks to practice under that trade name. The Court has asked for the committee's assistance in developing a record for it to consider when deciding this issue. Supporters of the current rule argue that trade names may deceive the public and demean the profession. Others contend that a trade name might actually better describe a law firm, to the benefit of consumers. One speaker at the hearing noted that a law firm name including the names of long dead partners amounts to a misleading trade name. The trend in case law and in rules in neighboring states may be pointing away from the status quo. Pennslyvania and other states have adopted liberal rules on firm names. Over the past two decades courts have lessened restrictions on lawyer advertising, citing commercial speech guarantees. The NJ Supreme Court has recognized this, but has reserved its right to regulate firm names to protect the public. See In re ACPE Opinion 475, 89 NJ 74(1982). The Committee on Attorney Advertising is looking for comments and recommendations. You can submit yours by e-mailing Carol Johnston (prior to June 15) at: Comments.Mailbox@judiciary.state.nj.us.
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