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Opinion 640

Question Presented

May a Texas professional corporation that is wholly owned by one lawyer use an assumed name that includes the name of the sole shareholder and the name of a lawyer employed by the firm?

Attorney A, the sole shareholder in a professional corporation named “Attorney A & Associates, P.C.,” would like to include the name of Attorney B, an employed associate, in the assumed name of the firm, which is proposed to be “A & B, Attorneys at Law.”  In the proposed arrangement, Attorney B would have no ownership interest in the firm but Attorney A and Attorney B would fully share in the professional responsibility for providing legal services to the firm’s clients.  All of the firm’s documentation, including letterhead, business cards, bank and operating accounts, would use the new firm name.  To effectuate this arrangement, the professional corporation plans to file an assumed name certificate, in the manner provided by law, stating that the firm will be using the assumed name of “A & B, Attorneys at Law.”  

Bluebook Citation

Tex. Comm. On Professional Ethics, Op. 640 (2014)