Can a law firm keep a suspended or disbarred lawyer's name in the firm name and communications?

Plain-English summary

The opinion, adopted as Formal Opinion 196, addressed whether a firm may continue to use a suspended or disbarred attorney's name in the firm's name or business communications. The Board of Governors concluded that this is prohibited.

The opinion reasoned that RPC 7.1 prohibits a lawyer from making a false or misleading communication about the lawyer or the lawyer's services, and that a communication is false or misleading if it contains a material misrepresentation or omits a fact necessary to make the statement not materially misleading. It noted that RPC 7.5(a) prohibits using a firm name, letterhead, or other firm designation that violates RPC 7.1 and 7.4, and that RPC 8.4 treats conduct involving dishonesty, fraud, deceit, or misrepresentation as professional misconduct. Because suspension or disbarment removes the attorney from eligibility to practice, the opinion treated continued use of that attorney's name as differing little from using a non-lawyer's name in firm communications.

The opinion concluded that the suspended or disbarred attorney's name must be removed from firm letterhead, advertisements, contracts, telephone answering, email communications, brochures, websites, and the like, and that the prohibition continues until the attorney is reinstated as a licensed member of the Bar. It also pointed to RLD 1.1(h) and to Formal Opinion 184 (1990) on the discipline of lawyers who practice with, or permit the name use of, a disbarred or suspended lawyer.

Currency note

This opinion was issued in 2000, 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 Treat this page as historical context, not current guidance.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 advertising and firm-name rules (RPC 7.1, 7.4, and 7.5) were restructured in the 2006 revisions, and the Rules for Lawyer Discipline (RLD) cited here were later superseded by the Rules for Enforcement of Lawyer Conduct (ELC), so verify the current rules before relying on them.

Common questions

Q: Can a firm keep a disbarred partner's name in the firm name?

A: No. The opinion concluded that using a suspended or disbarred attorney's name in the firm's name or business communications is prohibited.

Q: Why is it prohibited?

A: The opinion reasoned that the continued use is false or misleading under RPC 7.1 and 7.5 and can involve misrepresentation under RPC 8.4, because suspension or disbarment removes the attorney from eligibility to practice.

Q: Where does the name have to be removed?

A: The opinion listed firm letterhead, advertisements, contracts, telephone answering, email, brochures, websites, and the like, with the prohibition continuing until the attorney is reinstated.

Background and rules framework

The opinion applied Washington RPC 7.1 (false or misleading communications about a lawyer's services, MR 7.1), RPC 7.5(a) (firm names and letterhead, MR 7.5) read together with RPC 7.4 (MR 7.4), and RPC 8.4 (misconduct involving dishonesty or misrepresentation, MR 8.4). It also cited RLD 1.1(h) of the then-governing Rules for Lawyer Discipline and prior Formal Opinions 178 and 184.

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 7.4 (communication of fields of practice); Washington RPC 7.4
• ABA Model Rule 7.5 (firm names and letterheads); Washington RPC 7.5(a)
• ABA Model Rule 8.4 (misconduct); Washington RPC 8.4(c)

Other authorities:

• Washington Rules for Lawyer Discipline (RLD) 1.1(h) (practicing with, or permitting name use by, a disbarred or suspended lawyer)

Other opinions cited:

• WSBA Formal Opinion 178 (1984): misleading firm names prohibited
• WSBA Formal Opinion 184 (1990): employment of a disbarred lawyer

See also

• WA Ethics Op. 1868: Inactive Lawyer as 'Of Counsel'
• WSBA Ethics Op. 1183: Non-Partner's Name in Firm Name
• WSBA Ethics Op. 1231: Firm Name After Buyout

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1076

Original opinion text

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

Advisory Opinion: 1883
Year Issued: 2000
RPC(s): RPC 7.1; 7.4; RLD 1.1(h); Formal Opinion 184; 196
Subject: Use of suspended or disbarred lawyer's name in firm name

[Editor's Note: the following is adopted as Formal Opinion 196]

Use of a Suspended/Disbarred Attorney’s Name in Firm’s Name and/or Business Communications is Prohibited

In 1984, Formal Opinion 178 was adopted which stated "misleading firm names are prohibited." The Board of Governors is of the opinion that further clarification is necessary with regard to suspended/disbarred attorneys and the ethical obligations of those attorneys who continue in practice after their colleague has been suspended/disbarred.

Formal Opinion 184 (issued 1990) provides a comprehensive discussion regarding employment of a disbarred lawyer.

RPC 7.1 prohibits a lawyer from "mak[ing] a false or misleading communication about the lawyer or the lawyer’s services." A communication is false or misleading if it "[c]ontains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading." RPC 7.1(a). Rule 7.5(a) prohibits a lawyer from using a "firm name, letterhead or other firm designation" that violates RPC 7.1 & 7.4.

Rule 8.4 indicates that professional misconduct includes "(c) engag[ing] in conduct involving dishonesty, fraud, deceit or misrepresentation . . . ."

For purposes of analysis, the suspension/disbarment removes the attorney from eligibility to practice law for a set time until readmission. Use of the suspended/disbarred attorney’s name while in that status differs little from the use of any non-lawyer’s name in the firm’s communications.

The active continued use of a suspended/disbarred attorney’s name in letterhead, correspondence, when answering phone calls, etc., lends to the possibility and probability of confusion on the part of the recipient of the message. While some forms of communication will be impractical to correct in a short period of time (e.g. yellow page advertising), any steps other than active removal of such misleading communications as soon as possible serves only to foster confusion and/or misrepresentation. Rules 7.1 and 7.5 are implicated.

While practically, the impact upon the firm might be significant both financially and otherwise, any practice other than active removal of the information will violate the ethical guidelines.

The Rules for Lawyer Discipline address the issue at RLD 1.1(h):

A lawyer may be subjected to the disciplinary sanctions for actions set forth in these rules for any of the following:

(h) Practicing law with or in cooperation with a disbarred or suspended lawyer, or maintaining an office for the practice of law in a room or office occupied or used in whole or in part by a disbarred or suspended lawyer, or permitting a disbarred or suspended lawyer to use his or her name for the practice of law, or practicing law for or on behalf of a disbarred or suspended lawyer, or practicing law under any arrangement or understanding for division of fees or compensation of any kind with a disbarred or suspended lawyer.

Further, Formal Opinion 184 (1990) sets forth an analysis of when an attorney can be subject to disciplinary sanctions under RLD 1.1(h), which includes ". . . permitting the disbarred or suspended lawyer to use his or her name for the practice of law. "

The name of the suspended/disbarred attorney shall be removed from firm letterhead, firm advertisements, firm contracts, telephone answering, e-mail communications, brochures, web sites, and the like. This prohibition shall continue until such time as the suspended/disbarred attorney has been reinstated as a licensed member of the Bar.