Is it permissible under the Texas Disciplinary Rules of Professional Conduct for Texas lawyers, who practice law in two Texas law firms and who are also licensed to practice in another state, to conduct a cooperative law practice in the other state using a firm name that combines the names of the two Texas law firms?
Lawyer A and Lawyer B are Texas lawyers who practice law in two Texas law firms—the “M Law Firm” and the “N Law Firm” respectively. Lawyer A and Lawyer B are also licensed to practice law in State X and they intend to work together cooperatively to handle cases in State X in a joint venture of their two law firms. The two Texas law firms will remain separate and will not combine to form a single law firm. For all purposes in State X, the joint venture will use a name that combines the names of the M Law Firm and the N Law Firm as “The M & N Law Firm.” With respect to the joint venture’s practice in State X, it is assumed that the lawyers involved will conduct their practice in a manner that complies with all the professional conduct rules governing lawyers in State X and, in particular, that the State X rules of professional conduct do not prohibit the lawyers from working together as part of a joint venture under the name “The M & N Law Firm.”
Tex. Comm. On Professional Ethics, Op. 638 (2013)