94 N.J.L.J. 600
July 8, 1971
OPINION 215
Use of Name of Retired
or Deceased Partner
We have been asked two questions. The first is:
Is it ethical for partners in a law firm whose names do
not appear in the firm name to continue to use the firm
name after the retirement of a partner whose name appears
in the firm name?
It has recently been held that this is ethical provided the
retiring member ceases to practice law but that if the retiring
member continues to practice law in New Jersey, his name should be
omitted from the firm name in order to avoid misleading the public.
N.J. Advisory Committee on Professional Ethics, Opinion 198, 94
N.J.L.J. 209 (1971).
The second question is:
Is it ethical for partners in a law firm whose names do
not appear in the firm name to continue to use the firm
name after the death or retirement of all of the partners
whose names appear in the firm name or in the alternative
to use some of the names but less than all or some of the
names with the addition of the names of other living
partners not formerly included in the firm name?
The answer to the second question is controlled by the Canons
of Professional Ethics, Canons 27 and 33. No prior opinion of this
Committee is exactly on point but the matter is clearly answered in
ABA Comm. on Professional Ethics, Opinion 598 (1962), where in it
is stated: