If a firm partner takes a part-time public appointment but stays a partner, can his name remain in the firm name, and can he call himself 'of counsel'?

Plain-English summary

The inquiring lawyer was a member of a law firm who intended to accept an appointment to serve on an interstate council while continuing to practice law with the firm on a limited basis.

The committee was of the opinion that if the lawyer continued to be a partner in the firm, he could continue to have his name in the firm name. The committee was further of the opinion that if he were a partner, he could not identify himself as "Of Counsel."

The committee also directed the lawyer's attention to RPC 1.11, which it felt may have relevance to his situation.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules then numbered RPC 7.5(c) and RPC 1.11 correspond to Model Rules 7.5 and 1.11 and were rewritten in the current rules. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can a partner keep his name in the firm name after taking a public appointment?

A: Per the opinion, yes, if he continues to be a partner. The committee was of the opinion that as a continuing partner he could keep his name in the firm name.

Q: Can a partner also call himself "Of Counsel"?

A: No. The committee was of the opinion that if he were a partner in the firm, he could not identify himself as "Of Counsel."

Q: Did the committee point to any other rule?

A: Yes. It directed the lawyer's attention to RPC 1.11, which it felt may have relevance to his situation given the public appointment.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 7.5(c), corresponding to Model Rule 7.5, on firm names and the inclusion of a lawyer holding public office, and notes RPC 1.11, corresponding to Model Rule 1.11, on the conflicts of lawyers serving in government. The committee separated firm-name use (a continuing partner may keep his name in the firm name) from the "Of Counsel" designation (unavailable to a partner because the two statuses are inconsistent), and flagged the government-service conflict rule as potentially relevant.

Citations and references

Rules of Professional Conduct:

• Washington RPC 7.5(c) (firm names; lawyer holding public office), corresponding to Model Rule 7.5.
• Washington RPC 1.11 (special conflicts for current and former government officers and employees), corresponding to Model Rule 1.11.

See also

• WSBA Ethics Op. 1053: a departed lawyer's status on letterhead as "retired" or "of counsel"
• WSBA Ethics Op. 1144: keeping a departing partner's name in the firm name
• ABA Formal Op. 90-357: use of the "of counsel" designation

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=232

Original opinion text

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

Advisory Opinion: 1152
Year Issued: 1988
RPC(s): RPC 7.5(c); 1.11
Subject: Firm name; inclusion of public office holder; use of "of counsel" if partner

The Committee was of the opinion that where you are a member of a law firm and intend to accept an appointment to serve on an interstate council but will continue to practice law with your firm on a limited basis, that if you continue to be a partner in the law firm, you could continue to have your name in the firm name. The Committee was further of the opinion that if you were a partner in the law firm, you could not identify yourself as "Of Counsel." The Committee also directed me to direct your attention to RPC 1.11, which the Committee felt may have relevance to your situation.