VSB Standing Committee On Legal Ethics Seeking Public Comment On Legal Ethics Opinion 1873

Additional Info

view proposed LEO 1873 (pdf)

Pursuant to Part 6, § IV, ¶ 10-2(C) of the Rules of the Supreme Court of Virginia, the Virginia State Bar’s Standing Committee on Legal Ethics (“Committee”) is seeking public comment on proposed advisory Legal Ethics Opinion 1873, Continued Use of Former Firm Name in URL After Firm Name Has Changed.

This proposed opinion addresses a hypothetical situation in which lawyers Smith and Jones practiced together in the firm Smith & Jones P.C., which used the URL smithjones.com. After Smith withdrew from the firm and began practicing with another firm, Jones changed the firm’s name to “Jones Law Office, P.C.” and established a new website at the URL “joneslawoffice.com.” Jones proposes to automatically redirect anyone who attempts to access smithjones.com to joneslawoffice.com, or alternatively, to put a notice on the smithjones.com website that Smith & Jones, P.C. has now become the Jones Law Office because of Smith’s withdrawal from the firm, providing the date of Smith’s withdrawal and a link to joneslawoffice.com.

In this proposed opinion, the Committee concluded that both of Jones’s proposed alternatives are misleading in the absence of additional information about Smith’s withdrawal from the firm and his continued practice of law. The proposed notice, which would say that Smith & Jones, P.C. “has now become” the Jones Law Office, is misleading without the additional information that Smith continues to practice law, and automatically redirecting website visitors to joneslawoffice.com without providing some explanation is misleading for the same reason.

Inspection and Comment

The proposed advisory opinion may be inspected at the office of the Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, Virginia 23219-2800, between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday.  Copies of the proposed advisory opinion can be obtained from the offices of the Virginia State Bar by contacting the Office of Ethics Counsel at 804-775-0557, or can be found at the Virginia State Bar’s website at https://www.vsb.org.

Not later than February 28, 2014, any individual, business, or other entity may file or submit to Karen A. Gould, at publiccomment@vsb.org, the Executive Director of the Virginia State Bar, a written comment in support of or in opposition to the proposed advisory opinion.

Updated: Jan 30, 2014