What’s In A Name? Not Associates, If They Don’t Work in Your Firm

This article, Mitchell reprimanded by state Supreme Court, Tim Smith, Greenvill News (6/6/05) reports on a decision by the South Carolina Supreme Court publicly reprimanding attorney Theo Mitchell for using the law firm name “Mitchell and Associates” notwithstanding that he he was the sole lawyer in his firm licensed in the state.  Mitchell had contended that the use of the phrase “and Associates” was appropriate because it referred to other lawyers in Greenville who help him in specialty cases such as real estate and foreclosure matters.  But the court rejected that argument because one of the lawyers with whom he associated was not licensed in South Carolina.

Here’s what Mitchell had to say about the reprimand:

“If the Supreme Court saw fit to sanction me with a public
reprimand, so be it,” he said. “I think it’s too harsh. I definitely
think they went too far. They ought to investigate other people around
the state instead of always jumping on me.”

I agree.  Here’s an attorney who apparently is conscientious enough to
seek out assistance on specialized matters that may be beyond his
direct expertise.  Yet rather than commend Mitchell for taking these
measures, the bar has taken action to deter him from doing so.  Sure,
Mitchell could advertise himself as a true solo – but why shouldn’t he
be able to convey that his firm has a larger scope of practice than
just him?  It would be one case if Mitchell had lied and never relied
on outside attorneys at all.  But that’s not the case here; Mitchell’s
collaboration with other attorneys was not in dispute.

Moreover, the South Carolina bar’s decision is yet another example of a bar that’s out of touch with changes in the profession. These days, technology facilitates affiliations all over the country.  I’m a solo, but I also consider myself part of the Solosez
“firm” of over 1000 attorneys.  I’ve hired other lawyers from the firm
while others have sheparded me through complex litigation matters,
frequently helping me win motions or fend off overly aggressive
opposing counsel.  I don’t publicize my affiliation, but I don’t think
it would be dishonest or misleading to note my participation in my
firm’s name.  Many other attorneys may have even closer ties to other
firms and work on cases together on a more regular basis – even if
they’ve never met.  Maybe it’s time to realize that a firm name like
“Joe Shingle and Associates” has different meaning or connotation than
it once did – and that’s not something bad, but something we want to
encourage.

177 Comments

  1. Marshall R. Isaacs on June 9, 2005 at 10:22 am

    Carolyn,
    I’m bewildered as to why you, of all people, would side with Mr. Mitchell. Allowing solos to use “and associates” or the like opens a pandora’s box prejudicial to other solos. Mitchell could simply rename his law firm, “Mitchell, Doe, Jones, Johnson, and Smith”. His new, big-firm name would undoutedly give him a competitive edge over shinglers like “Carolyn Elefant, Attorney At Law”.
    Respectfully submitted,
    Marshall R. Isaacs



  2. Marshall R. Isaacs on June 9, 2005 at 10:22 am

    Carolyn,
    I’m bewildered as to why you, of all people, would side with Mr. Mitchell. Allowing solos to use “and associates” or the like opens a pandora’s box prejudicial to other solos. Mitchell could simply rename his law firm, “Mitchell, Doe, Jones, Johnson, and Smith”. His new, big-firm name would undoutedly give him a competitive edge over shinglers like “Carolyn Elefant, Attorney At Law”.
    Respectfully submitted,
    Marshall R. Isaacs



  3. Britt Newby on June 9, 2005 at 1:19 pm

    [Britt]: Our state bar recently issued reprimands to attorneys for doing the same thing.
    [an associate]: You think there’s an organized conspiracy against sole-practitioners?
    [a senior partner]: Now hold off, bar associations may be trade guilds, relics of the 19th century, but that’s no reason to arbitrarily ascribe malicious motives to them.
    [Jimmy]: I don’t know… smells fishy to me.



  4. Britt Newby on June 9, 2005 at 1:19 pm

    [Britt]: Our state bar recently issued reprimands to attorneys for doing the same thing.
    [an associate]: You think there’s an organized conspiracy against sole-practitioners?
    [a senior partner]: Now hold off, bar associations may be trade guilds, relics of the 19th century, but that’s no reason to arbitrarily ascribe malicious motives to them.
    [Jimmy]: I don’t know… smells fishy to me.



  5. Dave! on June 9, 2005 at 1:27 pm

    Marshall: That is incorrect. There is a difference between “& Associates” and actually naming partners. Making up fictitious names is very deceptive–outright lying. Having the “& Associates” as part of the name implies that you have other attorneys working with you who can assist on cases, or who handle cases. That is *exactly* what Mitchell did–he consulted with other attorneys when he couldn’t handle client needs on his own. I see no reason why that is deceptive in any way. As long as a solo has actual associations with other attorneys on a case, why should they be barred from using “& Associates”? It’s a different matter if you are talking about named partners.



  6. Dave! on June 9, 2005 at 1:27 pm

    Marshall: That is incorrect. There is a difference between “& Associates” and actually naming partners. Making up fictitious names is very deceptive–outright lying. Having the “& Associates” as part of the name implies that you have other attorneys working with you who can assist on cases, or who handle cases. That is *exactly* what Mitchell did–he consulted with other attorneys when he couldn’t handle client needs on his own. I see no reason why that is deceptive in any way. As long as a solo has actual associations with other attorneys on a case, why should they be barred from using “& Associates”? It’s a different matter if you are talking about named partners.



  7. Inside Opinions: Legal Blogs on June 10, 2005 at 11:29 am

    Mitchell

    Carolyn Elefant tells the story of a South Carolina attorney, Theo Mitchell, who’s been publicly reprimanded by the state supreme court



  8. Inside Opinions: Legal Blogs on June 10, 2005 at 11:29 am

    Mitchell

    Carolyn Elefant tells the story of a South Carolina attorney, Theo Mitchell, who’s been publicly reprimanded by the state supreme court



  9. anon on June 10, 2005 at 12:59 pm

    The bar–and world–at this point is so fascist (the large corporations ARE the government) and “beyond hope” that it is just plain depressing. It makes it difficult to get out of bed in the morning. Why can megafirms use the “trade names” of long dead partners, but solo folks can’t use “and associates”? It is outright discrimination.



  10. anon on June 10, 2005 at 12:59 pm

    The bar–and world–at this point is so fascist (the large corporations ARE the government) and “beyond hope” that it is just plain depressing. It makes it difficult to get out of bed in the morning. Why can megafirms use the “trade names” of long dead partners, but solo folks can’t use “and associates”? It is outright discrimination.



  11. Hal on June 12, 2005 at 12:12 pm

    http://www.law.com/jsp/article.jsp?id=1118394318695
    Someone should write a book entitled, BIG LAW FIRMS AND THE TOTALLY STUPID, INSECURE, WEAK, USELESS, HELPLESS, SELFISH, AND PATHETIC MORONS WHO BECOME “PARTNERS” AT THEM.



  12. Hal on June 12, 2005 at 12:12 pm

    http://www.law.com/jsp/article.jsp?id=1118394318695
    Someone should write a book entitled, BIG LAW FIRMS AND THE TOTALLY STUPID, INSECURE, WEAK, USELESS, HELPLESS, SELFISH, AND PATHETIC MORONS WHO BECOME “PARTNERS” AT THEM.



  13. Marshall R. Isaacs on June 14, 2005 at 9:03 am

    Dave –
    You seem to have missed my point entirely. Even a slightly deceptive name permits unfair advantage over other solos. I’m even adverse to “Law Offices of John Doe”, “John Doe Law Group” or “The Doe Firm”. Form a partnership, hire an associate or be brave enough and proud enough to stand behind your name.
    Marshall R. Isaacs, Attorney At Law



  14. Marshall R. Isaacs on June 14, 2005 at 9:03 am

    Dave –
    You seem to have missed my point entirely. Even a slightly deceptive name permits unfair advantage over other solos. I’m even adverse to “Law Offices of John Doe”, “John Doe Law Group” or “The Doe Firm”. Form a partnership, hire an associate or be brave enough and proud enough to stand behind your name.
    Marshall R. Isaacs, Attorney At Law



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