Advisory Opinion:
2162
Year Issued:
2007
RPC(s):
RPC 7.5(a), 7.1, 5.7
Subject:
operation of an escrow department under a separate name (d/b/a), as part of a law firm
The attorney is a solo practitioner who intends to create a d/b/a to assist in marketing his services in closing real estate transactions. The proposed name is “[Smith] Escrow Services.” He presents two questions. The first is whether he must disclose the relationship between his law firm and the d/b/a when using the d/b/a on letterhead, advertising, etc. Second, he asks a more general question about whether he can operate a closing or escrow department under a d/b/a.
The committee opined that RPC 7.5(a) provides that a trade name may be used by a lawyer so long as it does not imply a connection with a government agency or with a public or charitable legal services organization, and does not otherwise violate RPC 7.1. RPC 7.1, in turn, provides that a lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. Failing to disclose the association of the d/b/a with the law firm does not appear to be misleading, thus such disclosure does not appear to be required. We note, however, that the use of the term “escrow” may be misleading if the attorney is providing closing services that do not include an escrow function.
The second question is too general to provide a specific response, but the Inquirer is directed to RPC 5.7, which addresses the extent to which a lawyer providing law related services, such as an escrow function, is required to comply with the Rules of Professional Conduct. Additionally, the Inquirer should review Formal Opinion 187, and Informal Opinions 938, 1338, 1364, 1386, 1442, 2053, 2060 and 2151.
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