One of my first orders of business is to come up with a name for my law practice. This seems like such an easy task, but it is more difficult than I imagined. About a month ago, I started compiling a list of potential names for my law office. As I was compiling the list, I realized that I needed to back up one step and make sure that I considered any pertinent rules that may exist.
Each state bar has a rule that relates to naming a law firm. I have an active license in Texas and Virginia and I may practice in both states (that is the benefit of an Internet-based practice). According to Texas Disciplinary Rules of Professional Conduct Rule 7.01:
(a) A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm, except that the names of a professional corporation, professional association, limited liability partnership, or professional limited liability company may contain “P.C.,” “P.A.,” “L.L.P.,” “P.L.L.C.,” or similar symbols indicating the nature of the organization . . .
On the other hand, Rule 7.5 of the Virginia Rules of Professional Conduct reads:
(a) A lawyer or law firm may use or participate in the use of a professional card, professional announcement card, office sign, letterheads, telephone directory listing, law list, legal directory listing, website, or a similar professional notice or device unless it includes a statement or claim that is false, fraudulent, misleading, or deceptive. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1 and 7.2.
Under the Virginia Rules, Rule 7.1 deals with communications about lawyer services and Rule 7.2 deals with advertising.
My review of these rules, reminds me that I must pick my practice name carefully. As I compare the two rules, it becomes clear that the Texas rule is much more restrictive than the Virginia rule. Texas prohibits the use of trade names. Although I could use a trade name in Virginia, I want to make sure that I can practice in both states under the same name so a trade name is out!
The tried and true method is to simply use my name and nothing more. After considering ”Sean Condron,” I quickly dismissed it. It doesn’t sound quite right and, in my humble opinion, my practice name needs to be a bit more robust than just my personal name. As I contemplate derivations of my practice name, I realize that I also need to consider the use of my middle initial. For whatever reason, I don’t think of myself as Sean Condron. Rather, I think of myself as Sean M. Condron. I am sure you are asking yourself why in the world it matters, but for some reason it does to me. So on issues like this, I just have to trust my gut.
Here is the list I have come up with:
Sean M. Condron Law Office(s)
Condron Law Office(s)
The Condron Law Office(s)
The Law Office(s) of Sean M. Condron
Condron Law
The Firm of Sean M. Condron
The Law Firm of Sean M. Condron
The Condron Firm
The Condron Law Firm
Sean M. Condron, Attorney at Law
Sean M. Condron, Attorney & Counselor at Law
SMC Law Firm
Condron Legal Services
Some of these options appear to have potential problems. Using my initials rather than my name may not fly in Texas because the state bar may consider it a trade name. The use of the phrase “Legal Services” may also cause problems because it runs the risk that it is misleading. People may believe that my office is a form of legal aid. Although, if the name does not suggest a geographic location, I am probably on safe ground. I am also unsure about the plural of the word office. This is an issue that the rules don’t clearly address. I have decided to error on the side of caution and call both my state bars to discuss the use of these issues in more detail.
Another consideration that plays into this decision is the domain name that I may want to use for my firm. I plan to use the Internet heavily in my practice. I want to make sure that my firm name fits well with the domain name that I will use for my website. Unfortunately, another attorney already uses www.condronlaw.com, so I can chalk that name off my list. I will not select a firm name until I have purchased the domain name for my website. After selecting my practice name, I can begin my efforts to design a logo and start thinking about my website design. Picking a firm name is an exciting and important step in the process of fulfilling my dream. I hope to make my decision soon and will let everyone know once I do!
On another note, I am in the beginning stages of drafting my business plan. Once I get further along with the draft, I will provide an entry about my thoughts and experiences.