In re the Letter Decision of the Committee on Attorney Advertising

61 A.3d 930, 213 N.J. 171
CourtSupreme Court of New Jersey
DecidedMarch 14, 2013
DocketDOCKET NO. 47-2007
StatusPublished
Cited by2 cases

This text of 61 A.3d 930 (In re the Letter Decision of the Committee on Attorney Advertising) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Letter Decision of the Committee on Attorney Advertising, 61 A.3d 930, 213 N.J. 171 (N.J. 2013).

Opinion

Justice LaVECCHIA

delivered the opinion of the Court.

This appeal concerns Rule of Professional Conduct (RPC) 7.5, which governs law firm names in New Jersey, and Alpha Center for Divorce Mediation, P.C. (the Center), an entity that operates in multiple states and consists of lawyers and supportive personnel engaged in divorce mediation services. The Center began operating in New Jersey under the trade name that it uses in other jurisdictions, and an issue arose over whether the Center’s use of its trade name in New Jersey violated RPC 7.5. Ultimately, the Committee on Attorney Advertising (CAA), which opines on such questions in the context of attorney advertising, see R. l:19A-2(a) (granting CAA exclusive jurisdiction to issue advisory opinions on [173]*173attorney advertising compliance with RPC 7.5), determined that the Center’s name violated RPC 7.5, and we granted the Center’s petition for review of that advisory opinion. See R. l:19A-3(d).

In the course of our review, we undertook a re-examination of RPC 7.5 in light of the widespread acceptance of the use of trade names by law firms around the country. As a result of that review, we proposed for comment an amended version of RPC 7.5. After receiving few comments on the proposal, we set this matter down for reargument and requested the participation of the New Jersey State Bar Association (the State Bar Association). Having heard argument and having considered the comments we received on the proposal to amend RPC 7.5, we now conclude that our policy on law firm trade names should be broadened to allow use of trade names within certain limits.

With this opinion, we adopt the proposed changes, with minor revisions, and order the steps to be taken to implement the amended RPC 7.5. To assist with the details of implementing the amendment, there shall be established a committee comprised of a broad array of attorneys, as well as other parties having an interest in promoting the public’s need for trade name use to be informative and non-deceptive. A separate order establishing the committee and identifying its assigned agenda will issue following this decision. We also complete our review of the appropriateness of the trade name, Alpha Center for Dispute Resolution, using the revised RPC 7.5.

I.

Review of the legality of the Center’s trade name began in the context of an advisory opinion issued by the Advisory Committee on Professional Ethics (ACPE). See R. 1:19-1 to -9 (granting ACPE with general authority to accept inquiries concerning proper conduct by members of legal profession under RPCs, with certain subject matter exclusions). Advisory Opinion 711, which was published on July 23, 2007, addressed the concerns of an anonymous inquirer who asked whether the Center was operating [174]*174within the bounds of the New Jersey Rules of Professional Conduct (the RPCs). While Opinion 711 covered a number of different ethical considerations, it ultimately concluded that _ Center for Divorce Mediation, P.C.,’ run by a lawyer and involving other ‘affiliated’ lawyers, is not a permissible trade name under RPC 7.5.”1

The Center, understandably concerned about Opinion 711’s impact, sought review of its trade name question from the CAA. The Center indicated that its “trade name would be used in conjunction with the name of the attorney principally responsible for the office.” It also argued that the restriction on its trade name violated the First Amendment of the United States Constitution.

In a letter dated November 28, 2007, the CAA advised the Center that the use of its trade name, even accompanied by an attorney’s name, was not permitted by RPC 7.5. The CAA explained that “neither ‘Alpha’ nor ‘Center for Divorce Mediation’ may be used in the name of a firm that provides legal advice and legal services.” It stated:

The words “Center for Divorce Mediation” describe the nature of the practice, not the lawyers in the firm and so this is not permissible “additional language” under RPC 7.5(e) or Opinion 10____“Alpha,” of course, is the first letter of the Greek alphabet but also has connotations of being first. Webster’s Third New International Dictionary (3rd ed.1993). In common parlance, the name would be interpreted to mean that it is the “first center for divorce mediation.” The word “alpha” does not describe the lawyers in the firm and if it were meant to characterize the services provided by the lawyers it may be viewed as improperly comparative under RPC 7.1(a)(3).

The CAA further took the position that “[t]he addition of the managing attorney’s name ... is merely an addendum to the trade name ... [and] does not address or cure the problem caused by the trade name itself.” Finally, the CAA declined to address the Center’s constitutional argument, noting that it had no “power to rule on such constitutional questions.” Rather, the CAA ad[175]*175vised the Center that its constitutional argument would need to be presented to this Court.

The Center then petitioned this Court for review, and in its petition it argued that RPC 7.5 did permit the use of a trade name for its organization. In the alternative, the Center argued that a prohibition on its trade name would be a violation of the First Amendment. The Attorney General, on behalf of the CAA, opposed the petition; however, we agreed to review the issues raised by the Center. 195 N.J. 514, 950 A.2d 902 (2008).

After hearing oral argument on the matter, this Court concluded “that a more developed record [was] necessary for the proper exercise of its regulatory and policy-making role over the practice of law by attorneys in this State.” In re Decision on CAA 47-2007, 209 N.J. 335, 337, 37 A.3d 1087 (2009). As such, we ordered the following: (1) we remanded the matter to the CAA “to consider and make recommendations on any additional information, or change in format, that this Court should allow in respect of law firm names”; (2) we directed the CAA to consider the risk to the public and the potential for deception arising from trade name use by attorneys; and (3) we instructed the CAA to “include a full explication of the pros and cons of such action.” Id. at 337-38, 37 A.3d 1087. We further indicated that oral argument may be necessary after the CAA issued its report and recommendations, and we retained jurisdiction. Id. at 338, 37 A.3d 1087.

The CAA filed a report entitled “Recommendations on Law Firm Names” on June 18, 2010. In preparing the report, the CAA “requested and received written comments and held a public hearing.” The CAA also “reviewed the rules ... and considered variations on law firm names with additional information or descriptive language.” Further, the CAA “considered whether there should be special rules for legal practices that can be performed by non-lawyers, such as providing arbitration and mediation services.” Ultimately, the CAA concluded that the rules should remain the same and that “the name or names of an attorney with a law firm should remain as the sole official designation of a New [176]

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61 A.3d 930, 213 N.J. 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-letter-decision-of-the-committee-on-attorney-advertising-nj-2013.