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WSBA 1996

Can a law firm name itself '____ & Company'?

Short answer: The committee was of the opinion that using the word 'company' in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law practice.

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This page answers the general question as of 1996. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1996
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 lawyer asked whether a law practice can be named "____ & Company." The committee was of the opinion that the use of the word "company" in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law practice.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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. Washington's RPC 7.1 and 7.5 correspond to ABA Model Rules 7.1 (communications about a lawyer's services) and 7.5 (firm names and letterheads).

Common questions

Q: Can a law firm call itself "& Company"?

A: The committee was of the opinion that using "company" in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the law practice's organizational structure.

Q: Could the firm use "company" with some qualification?

A: The committee's conclusion was that the bar applies "without further explanation of the organizational structure of the law practice," indicating the problem is the unexplained use of the term.

Background and rules framework

The opinion applied RPC 7.1 (communications about a lawyer's services, corresponding to ABA Model Rule 7.1) and RPC 7.5(a) and (d) (firm names and letterheads, corresponding to ABA Model Rule 7.5). The committee treated "company" in a firm name as potentially misleading about the practice's organizational structure, and so prohibited absent further explanation.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
  • ABA Model Rule 7.5 (firm names and letterheads); Washington RPC 7.5(a), 7.5(d)

See also

Source

Original opinion text

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

Advisory Opinion: 1656
Year Issued: 1996
RPC(s): RPC 7.1; 7.5(a); 7.5(d)
Subject: Law firm name; use of "& Company"

You ask whether a law practice can be named "____ & Company". The Committee was of the opinion that the use of the word "company" in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law practice.

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