Can two law firms describe themselves on their letterhead as 'affiliated with' each other?

Plain-English summary

The inquiring firm proposed letterhead that would identify another law firm as "affiliated with" it, and the other firm intended to use similar letterhead. The committee was of the opinion that the firm would need to comply with RPC 7.5(d), and it was not clear to the committee that the proposed letterhead would do so.

The committee pointed to Formal Opinion 178 and its definition of "of counsel," and enclosed informal opinion 841, which indicated that individual lawyers in a firm may be listed as "of counsel" with another firm, but the firm itself may not be listed as "of counsel."

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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 firms call themselves 'affiliated with' each other on their letterhead?

A: Under this 1990 opinion, only if the letterhead complies with RPC 7.5(d); the committee was not satisfied that the proposed "affiliated with" letterhead would do so.

Q: Can a whole firm be listed as 'of counsel' to another firm?

A: No. The committee enclosed informal opinion 841, which indicated that individual lawyers may be listed as "of counsel" with another firm, but the firm itself may not be listed as "of counsel."

Q: Where is 'of counsel' defined for this purpose?

A: The committee referred to Formal Opinion 178 and its definition of the term "of counsel."

Background and rules framework

At the time of this opinion, Washington's RPC 7.5(d) governed firm names and letterhead, including statements that lawyers practice in a partnership or other organization, the subject the Model Rules place in Rule 7.5. The committee treated "affiliated with" as a representation about the relationship between firms that had to satisfy that rule and could not be used to imply a status (such as a firm being "of counsel") that the prior opinions rejected.

Citations and references

Rules of Professional Conduct:

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

Other opinions cited:

• WSBA Formal Opinion 178 (definition of "of counsel")
• WSBA Informal Opinion 841 (firm itself may not be listed as "of counsel")

See also

• WA Ethics Op. 1342: 'Consultant' on a Business Card

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=423

Original opinion text

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

The Committee reviewed your inquiry concerning the use of letterhead by your firm which would identify another law firm as "affiliated with" your firm. The other firm intended to use similar letterhead. The Committee was of the opinion that you would need to comply with RPC 7.5(d), and it is not clear to the Committee that such a proposed letterhead would do so. See Formal Opinion 178 and its definition of the term "of counsel." I also enclose a copy of an informal opinion, number 841, indicating that individual lawyers in a law firm may be listed as "of counsel" with another firm but that the firm itself may not be listed as "of counsel."