In re Loomis, No. 02S00-0808-DI-422 (Ind. May 7, 2009), is a recent disciplinary case. Three lawyers in Aboite, Indiana formed “Attorneys of Aboite, LLC.” Although the three lawyers did not combine their practices, they
…used the names “Attorneys of Aboite, LLC” and “Attorneys of Aboite” in professional documents, communications, signage, telephone directory listings, numerous advertisements, and an internet website without revealing that they did not practice law as a firm.
Slip Op.at 1. Unsurprisingly, they were disciplined for misleading clients as to whether they practiced as a firm. Still …
What were they thinking? I suppose that they wanted to share offices, and formed the LLC to lease or buy office space, and to share expenses.
There may be some estoppel issues here, so that the LLC may be liable for malpractice, errors and omissions committed in the course of representing clients who thought they were dealing with a firm.
Hat tip, Mike Frisch (Legal Profession Blog).
Gary Rosin