LEO: Advertising-Solicitation/Commonwealth's LE Op. 540

 

Advertising-Solicitation/Commonwealth's Attorney/Use of

Attorney's Name in Law Corporation or on Letterhead.

 

January 18, 1984

 

It is permissible conduct for an attorney to operate his private law

practice through a professional corporation even though the attorney also

serves as Commonwealth's Attorney. The lawyer must, however, keep the

public and private practice separate as far as letterheads and other

indicia of maintaining the office are concerned. Paragraph 14(c) (iv) of

the Rules of Court, Part 6: Section IV provides that "the name of a lawyer

holding a public office shall not be used in the name of a law corporation,

or in communications on its behalf, during any substantial period in which

the lawyer is not actively and regularly practicing with the law

corporation." This rule prohibits an attorney who is holding a public

office and who is no longer practicing law from allowing the professional

corporation to use the attorney's name. The rule is inapplicable where an

attorney is still actively participating in the private practice of law.

[6: IV: 614(c)(iv) Rules of Court, Vol. 11, Code of Virginia]

 

Committee Opinion January 18, 1984