Can a sole practitioner put 'associates' on the letterhead because he regularly works with other independent lawyers?

Plain-English summary

The inquiry concerned a sole practitioner who used letterhead showing his name and the word "associates," on the theory that it was proper because he regularly associated on certain cases with various lawyers who were neither partners nor employees.

The committee was of the unanimous opinion that such letterhead would be misleading to the public, because the public would be led to believe that the lawyer had other lawyers employed in his office, assisting him in the representation of clients, when that was not the fact.

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 Treat this page as historical context, not current guidance.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 a solo lawyer use "associates" because he works with other independent lawyers?

A: The committee concluded that doing so is misleading, because "associates" implies the lawyer employs other lawyers in the office, which is not the fact when those lawyers are neither partners nor employees.

Q: Why did the committee treat the term as misleading?

A: Because the public would understand "associates" to mean lawyers employed by and working in the lawyer's office assisting in representation.

Background and rules framework

The opinion applied Washington RPC 7.1(a) (false or misleading communications about a lawyer's services, ABA Model Rule 7.1) and RPC 7.5(d) (firm names and letterheads, ABA Model Rule 7.5), treating "associates" on a sole practitioner's letterhead as implying employed lawyers the firm did not have.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1(a)
• 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. 1082: Two Lawyers Sharing Letterhead
• WSBA Ethics Op. 1146: Inactive Out-of-State Lawyers

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1130

Original opinion text

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

Advisory Opinion: 1086
Year Issued: 1987
RPC(s): RPC 7.1(a); 7.5(d)
Subject: Letterhead; firm name; use of term "associates" by sole practitioner

The Committee considered your inquiry concerning the use of letterhead showing the name of a lawyer and the word "associates" by a sole practitioner who states that he believes that the use of such letterhead is proper because he associates regularly on certain cases with various lawyers who are not partners nor employees of him. The Committee was of the unanimous opinion that the use of such letterhead would be misleading to the public because they would be led to believe that the lawyer was a lawyer who had other lawyers employed by him working in his office, assisting him in the representation of clients when that is not the fact.