Office of the General Counsel, 0616 GABARJ, GSB Vol. 21, No. 7, Pg. 50

AuthorPaula Frederick, J.

Office of the General Counsel

Vol. 21 No. 7 Pg. 50

Georgia Bar Journal

June, 2016

Paula Frederick, J.

All By Myself

Ms. Jackson, I'm going to need to ask the court to reschedule that hearing in your case," you announce as your client picks up the telephone. "It is scheduled for June 8, but I'm going to be in the middle of a murder trial that week. We should be able to get your case wrapped up in July."

"I'm disappointed," your client responds. "But — you said it was a routine hearing. Can't you get one of your associates to handle it?"

"Ms. Jackson, I'm a solo practitioner," you reply proudly. "What made you think I have associates?"

"Aren't you Joe Blow & Associates ?" your client asks.

"That's just the firm name," you reply. "There's no one here but me."

"Well I assumed there were other lawyers practicing with you —you know, associates . . .".

Does a solo practitioner violate the Rules of Professional Conduct by using a firm name that includes "& Associates?"

Yes.

Rule 7.5 of the Georgia Rules of Professional Conduct (GRPC) prohibits a lawyer from using a firm name that is false, fraudulent, deceptive or misleading. A new proposed formal advisory opinion, 15-R1, finds that it is misleading for a solo practitioner to practice under a name that implies her firm is larger than it truly is.

The draft opinion further opines on two other designations commonly used in firm names — "Firm" and "Group."

Because the word "firm" is defined in Rule 1.0 as "a lawyer or lawyers in a . . . private firm, law partnership, professional corporation, sole proprietorship or other association authorized to practice law (Rule 1.0(e))," the opinion finds no...

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