Ethics Question of the Week: Can "Of Counsel" lawyer appear in firm's title?

Q. Can a lawyer who is “of counsel” to a firm continue to have her name appear in the firm’s title? 

A. Illinois Rule of Professional Conduct 7.5 governs firm names and letterhead and generally provides that they cannot be false or misleading to the public. ISBA Professional Conduct Advisory Opinion 03-02 interprets RPC 7.5 as allowing the names of “of counsel” firm members to be in the firm title (but also provides that their official status must be identified on other firm communications, such as stationery, to avoid misleading the public). 

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline.  The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.