1. TOPIC D: FIRM NAMES AND FIRM MEMBERS P.R. 2016 Prof. Janicke

2. FIRM NAMES R. 7.5: CANNOT INCLUDE A NON-LAWYER CANNOT INCLUDE A NON-PRACTICING JUDGE (USUALLY A FORMER PARTNER) OR OTHER PUBLIC OFFICIAL CANNOT IMPLY CONNECTION TO A GOVT. AGENCY 2016TOPIC D -- firm names and members 2

3. RETIRED OR DECEASED PARTNERS’ NAMES ARE OK PER LONGSTANDING CUSTOM R. 7.5, COMMENT 1 CAVEAT: THIS DOES NOT ALLOW LONG-TERM FEE-SHARING WITH AN ESTATE R. 5.4(a) 2016TOPIC D -- firm names and members 3

4. MADE-UP NAMES ARE OK PER R. 7.5, COMMENT 1 TRADE NAMES AS FIRM NAMES ARE OK IF NOT MISLEADING –EXAMPLE: ABC LEGAL CLINIC 2016TOPIC D -- firm names and members 4

5. MERE SPACE-SHARERS CANNOT SHARE FIRM NAME R. 7.5(d): –FIRM-NAMED PERSONS MUST PRACTICE TOGETHER (WITH EXCEPTIONS NOTED) 2016TOPIC D -- firm names and members 5

6. LETTERHEADS AND WEBSITES SAME RULES AS FOR FIRM NAMES R. 7.5(a) 2016TOPIC D -- firm names and members 6

7. REGARDLESS OF NAME, NO PARTNERSHIPS WITH NON- LAWYERS R. 5.4(b) AND NO SHARING OF FEES R. 5.4(a) –EXCEPTION: LIMITED-TIME BUYOUT OF DECEASED PARTNER OR PRINCIPAL –EXCEPTION: FIRM COMPENSATION OR RETIREMENT PLAN 2016TOPIC D -- firm names and members 7

8. NO NON-LAWYER SHAREHOLDERS IF FIRM IS A P.C., NON-LAWYERS CANNOT BE SHAREHOLDERS R. 5.4(d) NON-LAWYER CANNOT HAVE POSITION OF AUTHORITY, OR ABILITY TO DIRECT LAWYERS R. 5.4(d) PROFESSIONAL INDEPENDENCE IS PARAMOUNT [SUPPOSEDLY] 2016TOPIC D -- firm names and members 8

9. LAWYER ADMITTED IN ANOTHER STATE CANNOT “PRACTICE LAW” IN THIS STATE. R. 5.5(a) THIS MEANS: –ESTABLISHING AN OFFICE HERE –HAVE A CONTINUOUS PRESENCE HERE –PRETEND TO BE ADMITTED HERE R. 5.5(b) 2016TOPIC D -- firm names and members 9

10. LAWYER ADMITTED IN ANOTHER STATE CAN PROVIDE TEMPORARY SERVICES HERE, IF –SHE ASSOCIATES AN ADMITTED LAWYER ON THE CASE, or –SERVICES ARE RELATED TO A HOME- STATE MATTER, or –PRO HAC VICE ADMITTED IN A COURT CASE 2016TOPIC D -- firm names and members 10

11. LAWYER ADMITTED IN ANOTHER STATE APPARENTLY CAN HAVE POSITION OF FIRM MANAGEMENT HERE –BUT NO AUTHORITY OR CONTROL SEE R. 5.4(c) re. PERSON WHO “PAYS” THE LAWYER – CANNOT BE PERMITTED TO “DIRECT OR REGULATE” –[A MEANINGFUL APPROACH?] 2016TOPIC D -- firm names and members 11