Can a law firm include in its firm name the name of a lawyer who is not a partner of the firm?
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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned using the name of a lawyer in the law firm's name when that lawyer is not a partner of the firm.
The committee was of the opinion that RPC 7.5(d) prohibits such a practice, because it implies that those lawyers practice in a partnership when that is not the fact.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 7.5(d), governing firm names and the implication of a partnership, corresponds to Model Rule 7.5(d) and was later amended. Treat this page as historical context, not current guidance.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 firm name include a lawyer who is not a partner?
A: Per the opinion, no. The committee was of the opinion that RPC 7.5(d) prohibits including a non-partner lawyer's name in the firm name.
Q: Why is that a problem under the rule?
A: Because it implies a partnership that does not exist. The committee tied the prohibition to the inference that the named lawyers practice in a partnership when that is not the fact.
Background and rules framework
The opinion applies the rule then numbered Washington RPC 7.5(d), corresponding to Model Rule 7.5(d), which bars lawyers from stating or implying that they practice in a partnership or other organization when that is not the fact. The committee read a firm name that includes a non-partner as making exactly that false implication.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.5(d) (firm names; implying a partnership that does not exist), corresponding to Model Rule 7.5(d).
See also
- WSBA Ethics Op. 1144: a firm keeping a departed partner's name in the firm name
- WSBA Ethics Op. 1152: a partner taking a public appointment and the firm name
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=263
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1183
Year Issued: 1988
RPC(s): RPC 7.5(d)
Subject: Firm name; inclusion of non-partner's name
The Committee reviewed your inquiry concerning the use of the name of a lawyer in the law firm when that lawyer is not a partner of the firm. The Committee was of the opinion that RPC 7.5(d) prohibits such a practice since it implies that those lawyers practice in a partnership when that is not the fact.
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