Law Business Essentials

The marketing Rules also regulate firm names. Firm names may include trade names, initials, logos, symbols, the names of individuals or their professional corporations, provided they are not misleading or confusing (Code of Conduct, Rule 4.4).

Again, the use by a sole practitioner of the phrase “& Company” or “and Associates” after the lawyer’s surname is misleading. This name suggests a firm of more substantial size and resources.

Trade names cannot imply connections to other institutions, such as a firm name that refers to a university. Geographical trade names are improper if they lead the public to conclude that a law office is a public agency or is the only law office available in that geographic area. A trade name can refer to a lawyer’s practice area as long as it is not misleading.

Firm names may include names of lawyers who are no longer alive or are no longer practising with the firm. Names of former firm members who are now judges may continue to be in the firm name but firm members cannot appear in front of that justice as long as the justice’s name is part of the firm name. There are restrictions on firm names that can be used, such as using a name already in use or including the name of an individual that is not entitled to practise law. If you are looking to establish a new firm name, it is recommended that you consult with the Law Society’s Membership team to determine that its use is acceptable. 

It is a common misconception that lawyers must refer to their professional corporations in their firm names. This is not required as professional corporations are not limited liability corporations.  There is no reason to alert the public that they are dealing with a professional corporation, as lawyers remain personally liable for the debts and obligations arising out of their practices.