After one partner retires, can the remaining solo lawyer keep using the two-name firm name?
Apply this to your situation
This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned the continued use of two names in a law firm's name after one partner retired, leaving only one lawyer actually practicing. The committee concluded that the lawyer cannot continue to use "X and Y, P.S." while practicing as a sole practitioner, because it suggests that more than one attorney is practicing in the firm. The committee enclosed Formal Opinion 178 for reference.
Currency note
This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 cited rule corresponds to ABA Model Rule 7.5 (firm names and letterheads).
Common questions
Q: Can a solo lawyer keep a two-name firm name after the other partner retires?
A: No. The committee concluded the lawyer cannot continue to use "X and Y, P.S." while practicing as a sole practitioner.
Q: Why not?
A: Because, as the committee said, the two-name designation suggests that more than one attorney is practicing in the firm.
Background and rules framework
The opinion applied RPC 7.5 (firm names and letterheads, corresponding to ABA Model Rule 7.5) to a solo practitioner retaining a two-name firm designation after a partner's retirement. The committee treated the designation as misleading because it implies multiple practicing lawyers, and pointed to Formal Opinion 178 for further reference.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.5 (firm names and letterheads); Washington RPC 7.5
Other opinions cited:
- Washington State Bar Association Formal Opinion 178, enclosed for reference
See also
- WSBA Ethics Op. 1144: Using a Former Partner's Name
- WA Ethics Op. 1377: Firm Name Without 'Inc.'
- WA Ethics Op. 1735: Telling Clients of a Name Change
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=828
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1764
Year Issued: 1997
RPC(s): RPC 7.5
Subject: Law firm name or designation; sole practitioner using law firm name suggesting more than one attorney
[The inquiry concerned] the continued use of two names in the name of a law firm after one partner retires, leaving only one lawyer actually practicing in the law firm. The Committee believes that you cannot continue to use "X and Y, P.S." while practicing as a sole practitioner as it suggests that more than one attorney is practicing in the law firm. Formal Opinion 178 is enclosed for reference.
Get today's answer for your situation
You just read a 1997 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.