Can a firm put an 'of counsel' lawyer's name in the firm name if that lawyer was never a partner or member?

Plain-English summary

The inquiry concerned a lawyer with no prior association with a firm being designated "of counsel" to the firm, and whether that lawyer's name could appear in the firm name. The committee answered under RPC 7.1 and 7.5.

The committee concluded that a lawyer may not join his or her name with that of another firm unless it is their mutual intention to have the lawyer serve as a member or partner of the firm, consistent with RPC 7.5(d). It restated that lawyers may not state or imply that they practice as a partnership unless that is a fact, and that any use of the "of counsel" role is strictly governed by RPC 7.1, RPC 7.5, and other related provisions. Because the inquirer had never been a member or partner of the firm, the committee concluded that his name may not be used in the firm name.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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 corresponded to ABA Model Rules 7.1 (communications concerning a lawyer's services) and 7.5 (firm names and letterheads); the ABA deleted Model Rule 7.5 in 2018 and folded firm-name regulation into Model Rule 7.1, so verify the current Washington numbering before relying on it.

Common questions

Q: Can an "of counsel" lawyer's name appear in the firm name?

A: Not where the lawyer was never a member or partner. The committee concluded a lawyer may not join his name with a firm unless the mutual intention is to serve as a member or partner under RPC 7.5(d).

Q: Can a firm imply a partnership that does not exist?

A: No. The committee restated that lawyers may not state or imply that they practice as a partnership unless that is a fact.

Q: What rules govern the "of counsel" designation?

A: The committee stated that any use of the "of counsel" role is strictly governed by RPC 7.1, RPC 7.5, and other related provisions of the Rules of Professional Conduct.

Background and rules framework

The opinion applied Washington RPC 7.5 (firm names and designations, including RPC 7.5(d) on joint names implying a partnership) and RPC 7.1 (communications concerning a lawyer's services), corresponding to ABA Model Rules 7.5 and 7.1. The committee made the use of the lawyer's name in the firm name turn on whether the lawyer was or was intended to be a member or partner of the firm.

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, 7.5(d)

See also

• WA Ethics Op. 1005: Firm Name Implying a Partnership
• WA Ethics Op. 1816: Paralegal-Run Branch Office

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1013

Original opinion text

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

Advisory Opinion: 1820
Year Issued: 1998
RPC(s): RPC 7.1; 7.5
Subject: Firm name or designation; use of "of counsel" lawyer's name in firm name

The Committee researched and reviewed your inquiry concerning a lawyer with no prior association with firm being designated "of counsel" to the firm and determined the following:

It is the opinion of the Committee that a lawyer may not join his or her name with that of another firm unless it is their mutual intention to have the lawyer serve as a member or partner of the firm consistent with RPC 7.5(d). Lawyers may not state or imply that they practice as a partnership unless that is a fact. Any use of the "of counsel" role is strictly governed by RPC 7.1, 7.5 and other related provisions of the Rules of Professional Conduct. Since the inquirer has never been a member or partner of the firm, his name may not be used in the firm name.