Closing the Gap
On June 5, 2026, the Ohio Board of Professional Conduct (the “Board”) issued Opinion 2026-02, clarifying when Ohio law firms may use separately registered trade names or “doing business as” (DBA) names in their marketing and other public-facing communications. This opinion offers answers to questions left open by prior guidance. This is an important decision, at least for Ohio firms that want to build a brand identity around a simple, memorable, client-friendly trade name.
Flexibility with Disclosure
Prior to 2020, Ohio’s Rules of Professional Conduct prohibited law firms from practicing under a trade name (trade name is firm named something other than with the traditional use of lawyer surnames). But on June 17, 2020, the Supreme Court of Ohio removed the prohibition on trade names, opening the door for more flexible firm branding.
Opinion 2020-11 expounded on the parameters of this new freedom, analyzing the permissibility of trade names used as the formal legal name. The Board noted that a firm’s name is a form of legal advertising, but cautioned lawyers against communications about the lawyer, their firm, or their legal services, including the name of the firm that are false, misleading, or nonverifiable. Firms using trade names were also advised of the requirement to incorporate legend or descriptive designations directly into the trade name if practicing as a legal professional association or legal clinic. An example would be to ensure that the LLP is added to the end of a firm name practicing under a limited liability partnership.
However, the opinion did not expressly address the permissibility of a firm using a separately registered DBA as a secondary marketing name. This left many wondering whether firms had the green light to have a DBA or trade name in addition to their formal legal entity name—another important marketing concern.
Fortunately, the Board has now opined in Opinion 2026-02 that Ohio firms may use a separate DBA or trade name in marketing materials without appending the required entity designation to every instance of the trade name, on that condition that the firm’s full legal entity name and entity designation is shown within the same medium in which the DBA or trade name appears.
Guidance Through Example
1. Websites
Trade names can be used in the header, logo, or other conspicuous location without the corporate legend. However, the full legal entity name and entity designation must appear in the footer or other noticeable location.
2. Letterhead
It’s permissible to use the trade name as the prominent identifier, but the full legal entity name and corporate designation must be visible elsewhere on the document.
3. Printed Advertisements
Firms can use the trade name as the name when advertising, but full legal entity name and corporate designation must be included in another visible location within the advertisement.
4. Business Cards
Firms are permitted to use their trade name as the primary identifier here. However, the full legal entity name and corporate designation must be visible somewhere else on the card.
5. Articles, Blog Posts, and Web Content
While subsequent references within the same piece may just use the trade name, the initial reference to the firm must contain the full legal entity name with the corporate designation.
6. Signage
Firms can display their trade name on signs without the entity designation.
Action Items if this Opinion is Calling Your Name
If you already have a separate DBA/trade name, it may be time to review all current marketing and public-facing communications to ensure that the full legal entity name with the proper corporate designation appears in each medium where the trade name/DBA is used. Make sure that anyone responsible for creating firm communications understands the “same medium” disclosure requirements depending on the type of medium. Document the steps you’re taking for compliance and where the full entity name is to be disclosed for each medium should questions arise in the future.