Nebraska law firms may use trade names that don’t specifically include the firm’s professional entity designation so long as they aren’t intentionally misleading.

The Nebraska Lawyer’s Advisory Committee recently issued an opinion clarifying the interpretation of the Nebraska Rules of Professional Conduct at the request of a law firm that is going through a rebranding process.

Opinion No. 19-02 states that it’s permissible for a hypothetical law firm of A & B LLC to rebrand itself on its website, letterhead and advertising a A|B while continuing to use A & B LLC on its fee agreements and official filings and correspondence.

“There are no rules in the Nebraska Rules of Professional Conduct that directly address the requirements regarding use of a trade name or service mark and the inclusion or exclusion of the law firm’s professional entity designation on said trade name or service mark,” according to the opinion. “There is very little guidance for this inquiry from Bar Association Ethic’s Committees across the country, as most of the opinions deal with the proposed trade name itself and not the inclusion or exclusion of the professional designation.”

The Washington State Bar said that a law firm could exclude the designation of a professional limited liability company from its trade name, but said the trade name of X&Y could be construed to suggest a partnership, so it said the PLLC designation should be added through an express disclaimer on marketing materials or by using the firm’s legal name somewhere on those materials.

“In a situation where the law firm’s trade name does not include the law firm’s professional designation as set forth in the law firm’s legal name, a law firm could remedy any potential false or misleading communication by specifically including professional designation in the trade name, or by including the law firm’s legal name within the documentation in which the trade name is used in order to avoid any misleading implication,” concluded the Nebraska ethics opinion.