107 N.J.L.J. 329
                                        April 16, 1981

OPINION 479

Firm Continued in Name of
Decedent and Associates

    The inquirer practices individually under the trade name of "John Smith & Associates." He asks whether the same name can be continued by the associates in the event of his death, and the inquiry is so limited. Our Opinion 224, 94 N.J.L.J. 1206 (1971), held that the use of such name is acceptable "provided that the inquirer remain in active practice and that the letterhead and other permissible listings clearly disclose who are in fact members of the firm and who are associates." That opinion sanctioned the use of the name "John Smith & Associates" based specifically upon the continuation of Mr. Smith as an active member of the firm and required that the letterhead and other permissible listings clearly disclose who are in fact members of the firm and who are associates. The inquiry herein includes facts and usage which go beyond the limitations and conditions set forth in that opinion.
    The answer to the question as posed, therefore, is in the negative. To continue the name "John Smith & Associates" after the death of John Smith would be misleading to the general public.