Ohio Board Advisory Opinion Op 26-02

OCR transcription; preserved printed pages are authoritative

# Ohio Board of Professional Conduct

OPINION 2026-02
Issued June 5, 2026

## Use of a Separately Registered Trade Name or DBA by a Law Firm

SYLLABUS: An Ohio law firm organized as a limited liability company, limited liability
partnership, or other permissible legal entity may use a separately registered trade name
or fictitious name (DBA) in marketing, advertising, signage, and public-facing
communications without appending the required entity designation to every instance of
the trade name, provided that the full legal entity name, including the entity designation,
is disclosed within the same medium in which the trade name appears, such as in the
footer of letterhead, websites, and printed advertisements.

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.

Ohio Board of Professional Conduct

<!-- PageHeader="THOMAS J. MOYER OHIO JUDICIAL CENTER 65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431 614.387.9370 www.bpc.ohio.gov" -->

OPINION 2026-02
Issued June 5, 2026

## Use of a Separately Registered Trade Name or DBA by a Law Firm

SYLLABUS: An Ohio law firm organized as a limited liability company, limited liability
partnership, or other permissible legal entity may use a separately registered trade name
or fictitious name (DBA) in marketing, advertising, signage, and public-facing
communications without appending the required entity designation to every instance of
the trade name, provided that the full legal entity name, including the entity designation,
is disclosed within the same medium in which the trade name appears, such as in the
footer of letterhead, websites, and printed advertisements.

APPLICABLE RULES: Prof.Cond.R. 7.5

### QUESTION PRESENTED:

Whether a law firm organized as a limited liability company or other designated
entity that has registered a trade name or fictitious name (DBA) with the Ohio
Secretary of State must append the entity designation (e.g., "LLC") to every public
use of that trade name in marketing, advertising, and public-facing
communications.

### ANALYSIS:

Background

Ohio law firms may be organized under a formal legal entity name that includes
a corporate legend or descriptive designation (entity designation) as required by
Prof.Cond.R. 7.5 and Gov.Bar R. III. Law firms may also register a separate DBA or trade
name with the Ohio Secretary of State for use in firm marketing and on websites,
letterhead, printed advertisements, business cards, and signage.

### Op. 2026-02

#### Prof.Cond.R. 7.5 and the 2020 Rule Amendment

Prior to June 17, 2020, Prof.Cond.R. 7.5 prohibited lawyers or law firms from
practicing under a trade name. The Supreme Court of Ohio amended Prof.Cond.R. 7.5,
effective June 17, 2020, which removed the prohibition. As a consequence, a lawyer or
law firm may permissibly practice under a trade name in lieu of a traditional firm name
that includes the name or surnames of a lawyer or lawyers in the firm, as long as the trade
name complies with the Rules of Professional Conduct and the Rules for the Government
of the Bar. See Adv. Op. 2020-11.

Prof.Cond.R. 7.5 requires that the name of a professional corporation or
association, legal clinic, limited liability company, or limited liability partnership
"contain symbols indicating the nature of the organization as required by Gov.Bar R. III."
Gov.Bar R. III(2) requires that the name of a legal professional association or legal clinic
end with the legend "Co., LPA" and that the name of a corporation, limited liability
company, or limited liability partnership include a descriptive designation as required
by R.C. 1701.05(A), 1706.07, or 1776.82, respectively.

Advisory Opinion 2020-11

Adv. Op. 2020-11 addressed a law firm that "intends to be formally identified by
the use of a trade name." The opinion defined a trade name as "a name, style, or symbol
used to distinguish a company, partnership, or business (as opposed to a product or
service); the name under which a business operates." Citing Black's Law Dictionary (11th
Ed., 2019.) The Board held that a firm using a trade name as its formal legal name must
include a corporate legend or descriptive designation. For instance, if a law firm decides
to operate as a limited partnership and wishes to use the trade name "The Polaris Firm,"
it must ensure the proper entity designation is included. In this case, the full legal entity
name should read "The Polaris Law Firm Co., LPA." The 2020 advisory opinion did not
expressly address the question presented here in which a law firm uses a separately
registered trade name or DBA as a secondary marketing name.

Prior to the Supreme Court's 2020 amendment of Prof.Cond.R. 7.5, Board staff
provided written guidance in a staff opinion letter on the application of Prof.Cond.R.
7.5(a) and Gov.Bar R. III to law firm logos and abbreviated firm names in marketing
communications. (Board Staff Letter 6/19/2015). Staff advised that a unique firm logo,
using only letters, graphics, or a shortened name of the firm may forgo the entity-

<!-- PageHeader="Op. 2026-02" -->

designation requirement, so long as the letterhead, website, advertisement or marketing
material using the logo visibly displays in another location the full name of the firm with
the corporate legend or descriptive designation. The staff letter's guidance is directly
relevant to the question at issue because it addresses the practice of law firms using a
name other than their formal legal entity name in marketing and communications.

Based on the foregoing, the Board concludes that a law firm may use a separately
registered trade name or DBA in marketing, advertising, signage, and public-facing
communications without appending the entity designation to every instance of the trade
name, provided that the full legal entity name, including the required entity designation,
is disclosed within the same medium in which the trade name appears, such as in the
footer of letterhead, websites, and printed advertisements. Below are usage examples and
guidance to help ensure compliance with Prof.Cond.R. 7.5 and Gov.Bar R. III.

Websites. The trade name may appear in the header, logo, or other prominent
location without the corporate legend or description designation appended. The
full legal entity name with the required entity designation should appear in the
footer or another visible location on the website.

Letterhead. The trade name may appear as the prominent firm identifier on
letterhead. The full legal entity name with entity designation should appear
elsewhere on the letterhead, such as in the address block or footer.

Printed Advertisements. The trade name may be used as the advertised firm
name. The full legal entity name with the entity designation should appear in the
footer or another visible location within the same advertisement.

Business Cards. The trade name may appear as the primary firm identifier on
business cards. The full legal entity name with the entity designation should
appear somewhere on the card, most likely in the address or contact information.

Articles, Blog Posts, and Web Content. The first reference to the firm in any
article, blog post, or web content should use the full legal entity name with the
entity designation. All subsequent references in the same piece may use the trade
name alone.

Signage. Given space and design limitations, a law firm's exterior or interior
signage may display the trade name without entity designation.