In Re Complaint as to the Conduct of Sussman & Tanner

405 P.2d 355, 241 Or. 246, 1965 Ore. LEXIS 392

Opinions

PEE, CURIAM.

This is a petition to review the recommendation of the Board of Governors of the Oregon State Bar directing each of the petitioners to discontinue the use of a certain letterhead as being in violation of Rule 30 of the Rules of Professional Conduct.

Each of the petitioners, Maurice D. Sussman and Kneland C. Tanner, lists the name of the other at the top left side of his letterhead together with the names of two other lawyers, all of which are under the word “Associates.” To illustrate, Mr. Sussman’s letterhead is as follows:

MAURICE D. SUSSMAN

Attorney at Law

Jackson Tower

806 S.W. Broadway CApitol 8-8531

Portland (5) Oregon

Associates

Kneland C. Tanner

John W. Brugman

Ronald A. Watson

Rule 30 of the Rules of Professional Conduct provides as follows:

“In the selection of a firm name, a member of the state bar shall not employ any false, misleading, assumed or trade name.”

The trial committee held that the listing of the three names at the left side of the letterhead below the word “Associates” did not comprise any part of “firm name” and that there was no evidence tending to show that the letterhead was false or misleading. The Board of Governors took a contrary view holding that the letterheads were “misleading, confusing and deceitful.”

We hold that Rule 30 is violated by the use of the letterhead in question on the ground that it is “misleading.” The word “Associates” has a variety of meanings. Principally through custom the word when used on the letterheads of law firms has come to be regarded as describing those who are employees of the firm. Because the word has acquired this special significance in connection with the practice of the law the use of the word to describe lawyer relationships other than that of employer-employee is likely to be misleading. To those not acquainted with this special meaning the use of the word in the manner employed by petitioners might suggest that all those associated with each other were partners. Thus it is possible that the word might be misleading as to the responsibility that each of the persons named as associates has to those dealing with one of the associates under various circumstances.

Footnotes

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The petitioners argue that the designation used by them is helpful in informing those dealing with the petitioners of the petitioners’ relationship to each other and serves to make it more convenient for the petitioners to deal with their respective clients. Even if this were a consideration to be weighed against the possibility of confusing the public, we are not convinced that the letterheads employed serve these ends in any substantial way. As we see it, petitioners’ dealings with their clients and with the clients of their colleagues would not be materially inconvenienced if the letterhead made no mention whatsoever of the association between the lawyers in the suite of offices used by them.

The petitioners are directed to discontinue the use of the word “Associates” as employed on their letterhead.

To this effect see Opinion 310, Committee on Professional Ethics, American Bar Association (June 20, 1963).