The Florida Bar

May 16, 1972

The name of a partner who is on 18 months' leave of absence to work as a staff attorney for a government agency must be removed from the law firm's name and letterhead.

CPR: EC 2-12; DR 2-102(B)

Chairman Clarkson stated the opinion of the committee:

Partner C in the law firm of A, B, and C is presently on a professional leave of absence from the firm for the purpose of working as a staff attorney in one of the administrative branches of state government. The leave of absence will extend for up to a year and a half, at the end of which time the partner is expected to return to the firm. The remaining partners ask whether they may continue the present firm name if partner C's name is removed from the door and the letterhead is annotated to show the leave of absence.

We find that EC 2-12 and DR 2-102(B), CPR, prohibit continued use of partner C's name, either in the firm name or on the letterhead. The facts stated above clearly indicate that partner C will not actively continue practice with the firm during the period of absence.

[Revised: 08-24-2011]