Can a firm keep a named principal's name in the firm name when that lawyer practices law independently of the firm?

Plain-English summary

A lawyer asked about the use of a firm name in which one of the named principals intends to practice law independent from the firm. The committee was of the opinion that RPC 7.5(b) would not permit a law firm to include in its name the name of a lawyer who was engaged in the practice of law independent from the firm.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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 firm name include a lawyer who practices independently of the firm?

A: The committee concluded that RPC 7.5(b) would not permit a firm to include in its name the name of a lawyer who practices law independent of the firm.

Q: What is the concern with such a firm name?

A: The committee treated a firm name that includes a lawyer practicing independently as conveying a firm relationship that did not exist, which RPC 7.5(b) does not permit.

Background and rules framework

The opinion applied RPC 7.5(b) (firm names and letterheads), corresponding to ABA Model Rule 7.5, which bars a firm name that misleadingly implies a relationship among lawyers. The committee read the rule to forbid keeping in the firm name a named principal who actually practices law independent of the firm.

Citations and references

Rules of Professional Conduct:

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

See also

• WA Ethics Op. 1473: Firm Name With Non-Partner Lawyers
• WA Ethics Op. 1454: 'Of Counsel' for a Part-Time Lawyer

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=566

Original opinion text

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

Advisory Opinion: 1486
Year Issued: 1992
RPC(s): RPC 7.5
Subject: Firm name includes name of lawyer who practices independently

The Committee reviewed your inquiry concerning use of a law firm name in which one of the named principals in the firm intends to practice law independent from the law firm. The Committee was of the opinion that RPC 7.5(b) would not permit a law firm to include in its name the name of a lawyer who was engaged in the practice of law independent from the law firm.