OPINION 185
October 1958

PARTNERSHIPS - SOLICITATION CLASSIFIED ADVERTISEMENT - TELEPHONE DIRECTORY - A law firm whose name contains the name of a deceased partner may not list the deceased partner's name in the yellow pages of the telephone directory separate and apart from the firm name. It is improper for any attorney to so list the name of a deceased attorney. A listing in the firm name which includes the surname of the deceased partner is permissible provided Canon 30 is not otherwise violated.

Canons 24, 30.

Question

Is it a violation of the Canons of Ethics for a law firm whose firm name contains the name of a deceased partner to list the name of such deceased partner in the yellow pages of the telephone directory separate and apart from the firm name?

Is it a violation for any attorney to list in the yellow of the telephone directory the name of a deceased attorney?

Opinion

The Committee is unanimously of the opinion that it is a violation of the Canons of Ethics for a law firm to list the name of a deceased partner in the yellow pages of the telephone directory separate and apart from the firm name. The Committee is also of the opinion that it is a violation for any attorney to list in the yellow pages of the telephone directory the name of a deceased attorney.

Canon 30 of the State Bar provides that a law firm may continue to use the name of a deceased or former partner but care should be taken that no imposition or deception is practiced through this use. Under this canon it is entirely permissible for a firm to continue the surname of a deceased partner in the firm name, provided such continued use is approved by local custom. It is the opinion of the Committee that such listing should be merely a listing by the firm of its name which would include the surname of the deceased partner. (See Canon 24; ABA Canon 33 and ABA Opinion 208.) (8-0.)