Arizona law firm allowed to use name in Nevada

Grace Leong

Wednesday, April 12, 2000 | 11:39 a.m.

Phoenix-based law firm Lewis and Roca LLP won a preliminary injunction Tuesday that at least temporarily will allow the company to practice in Nevada using its deceased founding members' names, even though they weren't members of the Nevada Bar.

The firm's attorneys challenged Nevada Supreme Court Rule 199, which prohibits a law firm from using names of partners who aren't members of the Nevada Bar, calling it an "unconstitutional infringement" on the firm's ability to conduct business in Nevada using its 50-year-old firm name.

Lewis and Roca filed a federal lawsuit on June 15 against Rob Bare, Bar Counsel of the State Bar of Nevada, in response to a warning he issued to the firm when it first opened its Las Vegas branch office in May under the Lewis and Roca name. Bare had warned that the Nevada State Bar would bring disciplinary proceedings against the firm for violating this rule.

"We argued Rule 199 was unconstitutional because it discriminates against out-of-state law firms in favor of in-state law firms," said Pat Norris, a partner at the firm. "This violates the First Amendment and commerce clause (of the U.S. Constitution), which is the right to do business in interstate commerce."

Nevada is the only state in the country that has such a rule, Lewis and Roca said.

U.S. District Judge Johnnie Rawlinson granted the preliminary injunction Tuesday.

Ann Bersi, president of the State Bar of Nevada, declined comment.

Lewis and Roca had been forced to open its Las Vegas office under the name Ashcraft and Heinz. Marti Ashcraft and Von Heinz, attorneys in the office, are prominent long-time members of the Nevada Bar, the firm said.

By being forced to change its name in Nevada, the firm suffered "incalculable loss of goodwill," the firm's lawsuit charged.