Petition for Court's Approval of Attorney's ex rel. Trade Name

CHASANOW, Judge. Alan L. Tanenbaum, an attorney admitted to practice law in this State, filed a “Petition for Court’s Approval of Attorney’s Use of Trade Name.” In his petition, Tanenbaum “requests the Court’s approval of the Petitioner’s use of the trade name ‘Home Buyer’s Legal Counsel’ ” as being in compliance with Rules 7.1 and 7.5 of the Maryland Rules of Professional Conduct. We must dismiss his petition, however, because we lack the jurisdiction to render advisory ethics opinions. Based on decisions such as In re Corporate Name — Old towne, 285 Md. 132 , 400 A.2d 1111 (1979) (finding corporate name improper under the Code of Professional Responsibility) and Application of Lord & Whip, P.A., 309 Md. 222 , 522 A.2d 1347 (1987) (approving corporate name where it did not violate the Rules of Professional Conduct), Petitioner may have assumed that this Court had the authority either to approve of or disapprove of his contemplated trade name.

Those cases, however, are inapposite to the instant matter. In both In re Corporate Name — Oldtowne and Application of Lord & Whip, P.A., professional service corporations sought approval of corporate names based upon provisions contained within Title 5, Subtitle 1 of the Corporations and Associations Article of the Maryland Code. For instance, in In re Corporate Name — Oldtowne, this Court discussed the pertinent provisions of the Corporations and Associations Article under which the petition for review of the name “Oldtowne Legal Clinic, P.A.” was filed: “Section 5-111 provides that to obtain a certificate of authority for a corporate name, a professional service corporation must file an application “with the appropriate licensing unit’ which is defined in § 5-101(c) to mean ‘the board, agency, or other entity which licenses or otherwise legally authorizes the performance of a professional service.’ Section 5 — 111(c) requires the ‘licensing unit’ to consult with and ⁴⁹⁰ obtain approval of the statewide professional organization to which the majority of individuals in the State performing the same professional service belong. Section 5 — 111(d) provides that if the licensing unit and professional organization approve of the proposed corporate name, the licensing unit shall issue a certificate of authorization.

Hí # * The Court, as the licensing unit contemplated by § 5-111 of the Act in connection with professional associations of lawyers, requested the Maryland State Bar Association to consider [the] petition and to file a brief amicus curiae addressing the issues in the case.” (Emphasis added). 285 Md. at 135 , 400 A.2d at 1113-14 . The Court further explained that, according to these provisions, the Court should consider whether the usage of the name conflicts with “ ‘established ethical standards, rules, and regulations of the profession.’ ” 285 Md. at 138 , 400 A.2d at 1115 (quoting Maryland Code (1975), Corporations and Associations Article, § 5-111(c)(2), now codified in Md.Code (1975, 1993 Repl.Vol., 1993 Cum.Supp.), Corps. & Ass’ns Art., § 5-108(c)(2)). Trade names were prohibited under the now obsolete Code of Professional Responsibility, and this Court disapproved of the name at issue in In re Corporate Name — Oldtowne. See Maryland Rules (1986 Repl.Vol.), DR 2-102(A) (“A lawyer in private