Can a lawyer refer to a co-owner of a professional service corporation as 'my partner' even though they are technically co-shareholders?

Plain-English summary

A lawyer asked about referring to the co-owner of a professional service corporation as "my partner," even though they are more properly co-shareholders or co-directors. The committee was of the opinion that RPC 7.5(d) treats partners and corporate shareholders as the same, and therefore there is no violation of the rule in referring to a co-shareholder as "my partner."

Currency note

This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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 lawyers in a professional corporation call each other 'partner'?

A: The committee said yes; RPC 7.5(d) treats partners and corporate shareholders the same, so there is no violation in referring to a co-shareholder as "my partner."

Q: Does the corporate form change the answer?

A: No. The committee read RPC 7.5(d) as treating partners and shareholders alike for this purpose.

Background and rules framework

The opinion applied RPC 7.5(d) (corresponding to ABA Model Rule 7.5), which addresses how lawyers may state or imply that they practice in a partnership or organization. The committee read the rule as treating partners and shareholders of a professional corporation equivalently, so "partner" did not misstate the relationship.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.5 (firm names and letterheads; statements about practicing together); Washington RPC 7.5(d)

See also

• WA Ethics Op. 1531: In-House Counsel Letterhead
• WA Ethics Op. 1515: Out-of-State Partner Letterhead

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=634

Original opinion text

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

Advisory Opinion: 1553
Year Issued: 1993
RPC(s): RPC 7.5(d)
Subject: Calling co-shareholder "partner"

The Committee reviewed your inquiry concerning reference to the co-owner of your professional service corporation as "my partner" even though you are more properly co-shareholders or co-directors. The Committee was of the opinion that RPC 7.5(d) treats partners and corporate shareholders as the same, and therefore, there is no violation of the rule to refer to your co-shareholder as "my partner".