The Florida Bar

Ethics Opinion

Opinion 72-18

May 16, 1972
Advisory ethics opinions are not binding.
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.

EC 2-12; DR 2-102(B) [See current 4-7.21]
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.