Can two lawyers who are not partners share a letterhead that lists both of their names?

Plain-English summary

The inquiry concerned a letterhead showing the names of two lawyers, each separately identified as "attorney at law," with the names appearing one over the other and a line between them.

The committee, by a vote of 2-7, determined that the use of such a letterhead did not falsely lead the public to believe that a partnership existed between the lawyers, and, by a vote of 5-6, determined that the letterhead was not otherwise deceptive. It therefore concluded that the lawyers could properly use such a letterhead.

Currency note

This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can two non-partner lawyers list both names on a shared letterhead?

A: On split votes, the committee concluded the described letterhead did not falsely imply a partnership and was not otherwise deceptive, so it could properly be used.

Q: What letterhead format did the committee approve?

A: A letterhead showing each lawyer separately identified as "attorney at law," with the names stacked one over the other and a line between them.

Background and rules framework

The opinion applied Washington RPC 7.5(d) (firm names and letterheads; lawyers may state or imply practicing in a partnership only when that is the fact, corresponding to ABA Model Rule 7.5), and concluded the described format did not imply a non-existent partnership or otherwise deceive the public.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.5 (firm names and letterheads); Washington RPC 7.5(d)

See also

• WA Ethics Op. 1005: Non-Partner in the Firm Name
• WA Ethics Op. 1086: Solo Using 'Associates'
• WA Ethics Op. 1007: Name After a Partner Leaves

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1127

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1082
Year Issued: 1987
RPC(s): RPC 7.5(d)
Subject: Attorney letterhead with names of two lawyers not in firm

The Committee considered your inquiry concerning the use of letterhead which shows the names of two lawyers, each separately identified as "attorney at law" and whose names appear one over the other with a line between them. After discussion, by a vote of 2-7, the Committee determined that the use of such letterhead did not falsely lead the public into believing that a partnership existed between these lawyers. By a vote of 5-6 the Committee determined that the letterhead was not otherwise deceptive. Therefore, the Committee concluded that the lawyers could properly use such a letterhead.