Establishing Law Practice: Forms of Practice

Question 1

What is the general rule for naming a law firm ?

What are the specific rules?

Answer 1

General rule –> lawyer must not use firm name or letterhead that is false or misleading.

Specific Rules:
1. name of lawyer holding public office may not be used during any substantial period in which lawyer is not actively and regularly practicing

2. multistate firm may use same firm name in each jdxn, but must list jurisdictional limitations of lawyers
3. lawyers MAY NOT IMPLY that they practice in a partnership or other organization if they do not

Question 2

May non-lawyers partner with lawyers?

Answer 2

No

Question 3

May lawyers/law firms share legal fees with non-lawyers?

Answer 3

General Rule –> No

Exceptions:

1. agreement to provide payment of money over reasonable period after lawyers death to lawyer’s estate or to one or more specified persons,
2. payment of purchase price of law practice to estate or rep of deceased, disabled, or disappeared lawyer
3. payments pursuant to compensation or retirement plan, even though plan is funded by legal fees
4. sharing court-awarded legal fees with a non-profit org that employed or recommended lawyer for employment in the matter

Question 4

What is the rule w regards to independent legal judgment?

Answer 4

Attorney must not allow person who pays or recommends lawyer to affect their legal judgment

Question 5

What is a legal corporation?

What is attorney’s liabilities?

Answer 5

Lawyers may incorporate.

However, they are still liable for their malpractice