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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Iowa Rules of Professional Conduct

COMMENTS

Comment - Rule 7.5

[1] A firm may be designated by the names of all or some of its members or by the names of deceased members when there has been a continuing succession in the firm’s identity. The use of a trade name or an assumed name could mislead laypersons concerning the identity, responsibility, and status of those practicing under a trade name or an assumed name; therefore, such a practice is not permitted by this rule.

[2] In order to avoid the possibility of misleading persons with whom they deal, lawyers should be scrupulous in the representation of their professional status. With regard to paragraph (d), lawyers sharing office facilities, but who are not in fact associated with each other in a law firm, may not denominate themselves as, for example, “Smith and Jones,” for that title suggests that they are practicing law together in a firm.

[3] A lawyer who occupies a judicial, legislative, or public executive or administrative position and who has the right to practice law concurrently may allow the lawyer’s name to remain in the name of the firm if actively continuing to practice law as a member of the firm. Otherwise, the lawyer’s name should be removed from the firm name, the lawyer should not be identified as a past or present member of the firm, and the lawyer should not be held out as being a practicing lawyer. The name of a partner who withdraws from a firm but continues to practice law should be omitted from the firm name in order to avoid misleading the public.

[4] The term “clinic,” “center,” or any other similar term shall not be used in any communication to the public unless the practice of the lawyer or the lawyer’s firm is limited to specific legal services as described in rule 32:7.2(h)(3) for which costs of rendering the service can be substantially reduced because of the repetitive nature of the services performed and the use of standardized forms and office procedures.