1973, March, Pg. 28. ETHICS.

2 Colo.Law. 28

The Colorado Lawyer

1973.

1973, March, Pg. 28.

ETHICS

28Vol. 2, No. 5, Pg. 28ETHICSIt is improper to use the term "associates" to describe lawyers, not employees, who share office space and some costs but do not share in responsibility and liability for each other's acts. It is also improper to use "associates" to describe lawyers who are in fact partners. However, it is proper to use the term "associates" to describe lawyers who are employees of another lawyer or law firm and who do not generally share in responsibility or liability for the acts of the firm.

Facts1. Lawyers A and B share office space and costs but are not partners and do not share liability or responsibility for each other's acts. Their letterhead reads "A and B, Associates."

2. Lawyer B offices in the same suite of offices as Lawyer A. In return for a specific amount of work done each month for A, B gets his rent free. However, in all other respects each lawyer maintains his own separate business. Lawyer A's letterhead reads "A and Associates."

3. Lawyers A, B and C are partners. Their letterhead reads "A and Associates" with B and C's names printed along the margin.

4. Lawyer A employs lawyers B and C on a full-time basis. B and C do not share in responsibility for acts of the firm. The letterhead reads "A and Associates."

5. Lawyers A, B and C are partners. They employ lawyers D, E, F and G on a full time basis. The letterhead reads "A, B, C and Associates."

   (The foregoing fact situations are illustrative and serve as a guide to the general principles contained in this opinion. These principles, therefore, may also be applicable to other fact situations not given.)

   OpinionIt is the opinion of the Committee that examples 1, 2 and 3 violate the Code of Professional Responsibility, while examples 4 and 5 are proper.

   Traditionally, in connection with the practice of law, the word "associates" is used to describe lawyers who are employees of a firm.

   Canon 2 of the Code of Professional Responsibility and the ethical considerations and disciplinary rules thereunder govern this situation.

   The ethical considerations to Canon 2 state in part: ... The use of a trade name or an assumed name could mislead laymen concerning the identity, responsibility, and status of those practicing thereunder. Accordingly, a lawyer in private practice should practice only under his own name, the name of a lawyer employing him, a partnership name composed of...