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In re Arkansas Bar Association3/3/2005
in a firm.
The addition of the words "and associates" following the name of a lawyer in a firm name implies to the public that three or more lawyers are practicing law together in a firm. In a law firm context "associate" has come to mean a lawyer employed with or connected with a firm who usually is not a partner. "Associates" is not a proper term to use in a firm name to mean non-lawyer assistants such as secretaries, investigators, law student interns, and paraprofessionals. In using a firm name, a solo practitioner shall not use a title such as "Smith and Associates" as a firm name. If only two lawyers are practicing law together in a firm the singular word "associate" may be used in the firm name with the name of one of the lawyers. If three or more lawyers are practicing law together in a firm the plural word "associates" may be used in the firm name with the name of one of the lawyers.
MAINTAINING THE INTEGRITY OF THE PROFESSION
RULE 8.1. BAR ADMISSION AND DISCIPLINARY MATTERS.
An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:
(a) knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6.
COMMENT:
The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. Hence, if a person makes a material false statement in connection with an application for admission, it may be the basis for subsequent disciplinary action if the person is admitted, and in any event may be relevant in a subsequent admission application. The duty imposed by this Rule applies to a lawyer's own admission or discipline as well as that of others. Thus, it is a separate professional offense for a lawyer to knowingly make a misrepresentation or omission in connection with a disciplinary investigation of the lawyer's own conduct. Paragraph (b) of this Rule also requires correction of any prior misstatement in the matter that the applicant or lawyer may have made and affirmative clarification of any misunderstanding on the part of the admissions or disciplinary authority of which the person involved becomes aware.
This Rule is subject to the provisions of the fifth amendment of the United States Constitution and corresponding provisions of state constitutions. A person relying on such a provision in response to a question, however, should do so openly and not use the right of nondisclosure as a justification for failure to comply with this Rule. A lawyer representing an applicant for admission to the bar, or representing a lawyer who is the subject of a disciplinary inquiry or proceeding, is governed by the rules applicable to the client-lawyer relationship, including Rule 1.6 and, in some cases, Rule 3.3.
RULE 8.2. JUDICIAL AND LEGAL OFFICIALS.
(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.
(b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions ofthe code of judicial conduct.
COMMENT:
Assessments
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