Ethics Question of the Month
October 2025
You Name It
How much do you know about the ethics rules governing law firm names?
The Situation
Flores, Newman, Taylor & Westbrook LLP is a law firm managed by the four named partners. The firm has been around for many years and limits its practice to business transactions.
The firm is exploring an update to its name based on some upcoming changes. Taylor recently announced that she will be retiring soon. Additionally, Westbrook was recently elected mayor of the city where the firm offices. As a result, he will cease practicing with the firm for at least four years while he serves as mayor. Once the changes take place, Flores and Newman will be the sole partners in the firm.
On one hand, the firm would like to maintain its name recognition in the community. On the other, it is interested in an opportunity to rebrand, as it plans to increase its marketing.
Under the Texas Disciplinary Rules of Professional Conduct, which of the following firm names would be permissible once the described changes take effect?
The Question
The Correct Answer is H Of 254 Responses, 29% are correct.
The Explanation
Rule 7.01 of the Texas Disciplinary Rules of Professional Conduct addresses "Communications Concerning a Lawyer’s Services.” Rule 7.01(a) states, in part, that a “lawyer shall not make or sponsor a false or misleading communication about the qualifications or services of a lawyer or law firm.” But how does the rule apply to the firm names described above?
Rule 7.01(c) provides, in part, that a “law firm name may include the names of current members of the firm and of deceased or retired members of the firm, or of a predecessor firm, if there has been a succession in the firm identity.” In this case, Flores and Newman will continue to be members of the firm, and Taylor will be a retired member of the firm. Therefore, the inclusion of their names is allowed.
With regard to Westbrook, Rule 7.01(c) provides, in part, that the “name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.” Because Westbrook will cease practicing with the firm for at least four years while he serves in a public office, the inclusion of his name is not allowed during that period.
And what about “Business Forward Law”? In 2021, the Texas Disciplinary Rules of Professional Conduct were amended to, among other things, allow lawyers to “practice law under a trade name that is not false or misleading.” Tex. Disciplinary R. Prof’l Conduct 7.01(c). The proposed trade name, “Business Forward Law,” is not false or misleading under the facts presented and, therefore, would be permissible under the Texas Disciplinary Rules of Professional Conduct.
The correct response is H. To access more ethics resources, go to legalethicstexas.com.
Bluebook Citation
You Name It: Ethics Question of the Month - October 2025,
Texas Center for Legal Ethics
(2025), from https://legalethicstexas.com/ethics-question-of-the-month/ethics-question-of-the-month-october-2025/ (last visited Oct 30, 2025)