WSBA 1994

Can a law firm keep a deceased partner's name in the firm name, and can it keep the name of a partner who has left the firm?

Short answer: The committee was of the opinion that under RPC 7.5(a) a firm may use a deceased attorney's name in the firm name, but may not continue using the name of an attorney who has left the firm.

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This page answers the general question as of 1994. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A firm asked whether it was permissible to use a deceased partner's name in the firm name, in a situation where an attorney with the same name had also left the firm.

The committee was of the opinion that it is permissible under RPC 7.5(a) to use the name of the deceased attorney in the firm name, but it is not permissible to continue using the name of the attorney who left the firm.

Currency note

This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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 keep a deceased partner's name in the firm name?

A: The committee said it is permissible under RPC 7.5(a) to use the name of the deceased attorney in the firm name.

Q: Can a firm keep the name of a partner who left?

A: No. The committee said it is not permissible to continue using the name of the attorney who left the firm.

Background and rules framework

The opinion applied RPC 7.5(a) (ABA Model Rule 7.5), which governs firm names and letterhead and permits the continued use of a firm name that includes the names of deceased or retired members in a continuing line of succession. The committee distinguished the deceased attorney, whose name may remain, from the living attorney who departed, whose name may not continue to be used.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 7.5 (firm names and letterhead); Washington RPC 7.5(a)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=652

Original opinion text

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

Advisory Opinion: 1571
Year Issued: 1994
RPC(s): RPC 7.5(a)
Subject: Firm name; use of deceased or former partner's name

I have been instructed by the Rules of Professional Conduct Committee to respond to your inquiry regarding a law firm name. Specifically, you ask if it was permissible to use a deceased partner's name in the law firm name, even though an attorney with the same name has left the firm.

It was the RPC Committee's opinion that it is permissible under RPC 7.5(a) to use the name of the deceased attorney in the law firm name, but it is not permissible to continue using the attorney's name who left the firm.

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