Vinson & Elkins and Baker Botts are highly unlikely to change their firm names to “Bad Ass Lawyers” or “Energy M&A Deals are Us,” but four out of five Texas lawyers who voted in a State Bar of Texas referendum over the past few weeks think they should be able to do so if they want.
The Texas Disciplinary Rules of Professional Conduct’s advertising and marketing rules currently prohibit Texas lawyers from using trade names.
The justices on the Texas Supreme Court will have the final word on whether to ratify the state bar members’ decision, but their thumbs up could mean that Jim Adler will be able to officially rename his law firm “The Texas Hammer.”
Nearly 20,000 of the Texas Bar’s 100,000 lawyer members voted in the month-long balloting. Of those, 79% said that lawyers and firms in Texas should be able to use trade names, such as “Top Divorce Lawyer” or “Beat Public Nudity Charges Advocates.”
A law firm in Utah called LawHQ sued the Texas Bar in federal court last year arguing that the ban on trade names for law firms violates the First Amendment. The lawsuit, pending in the Western District of Texas, was put on hold when a state bar subcommittee voted last year to lift the restriction.
Leaders of LawHQ told the Texas Lawyer last year that they planned to open a Texas office if the rule is changed.
The state bar members also approved seven other amendments to the disciplinary rules. For example, lawyers would be permitted to take certain precautionary steps when she or he believes their client has a diminished capacity. (Here is a link to a summary of the eight proposed rule changes approved by members).
But it is the trade name amendment that garnered the most attention.
When the rule change was first proposed last year, family lawyers rushed to swoop up internet domain names such as “Family First Lawyers” and, I jokest with thou not, “Kick Him in the Nuts Divorce Lawyers.” Personal injury lawyers are also lining up their catchy names.
Under the proposed Texas rule change, there are limits. For example, law firm trade names must be true and not misleading. That is a relief to all the citizens of Texas.