ISBA Development Site
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This website is for ISBA staff use only. All visitors should return to the main ISBA website.
A law firm may use the terms “senior counsel,” “special counsel,” or “counsel,” as well as “of counsel,” to designate lawyers with whom a firm has a close, regular, and personal relationship. Where a lawyer is “senior counsel,” “special counsel,” “counsel,” or “of counsel” to more than one law firm, those law firms will generally be considered as a single firm for purposes of attribution of conflicts of interest and disqualification.
After restructuring as a professional limited liability company, a law firm may continue to use the names of its deceased or retired partners in its name provided that there has been a continuing succession in the firm’s identity. To be “of counsel” to a firm one must have a continuing and regular relationship with the firm.
Lawyers may state or imply that they practice in a partnership only when that is the fact. A law firm's name may not imply a partnership when none exists. A law firm's name must not mislead the public. But for limited exceptions, a law firm's name should not include the name of a non-practicing lawyer. To be of counsel to a firm one must have a continuing and regular relationship with the firm. To practice as a limited liability partnership, the partnership's name must end with one of several designations prescribed by statute.
A lawyer concentrating his or her practice in tax law may be “of counsel” to a law firm if the relationship with the firm is close and continuing. The lawyer will not be considered as being in a separate firm for the purposes of Rule 1.5(e) or for the purposes of disqualification due to a conflict of interest.
Lawyer may not sell legal practice and continue to practice on a fee representation basis in the same geographic area.
Lawyer may sell tangible assets of law practice and continue to practice subject to proper procedures being followed.
A law firm’s name may not imply partnership where no actual partnership arrangement exists. A law firm’s name may not mislead the public. A law firm’s name may not contain the name of a partner who withdraws from the firm to join another law firm. A law firm’s name may contain the name of a retired partner or one who has an “of counsel” relationship to the firm, provided the firm takes reasonable steps to show that partner’s status.