Can a lawyer run two offices, one under the lawyer's own name and one under a trade name?

Plain-English summary

The inquiring lawyer asked whether it is ethical for a lawyer to have two offices, one doing business under the named lawyer (such as "John Doe, Attorney at Law") and another office doing business under a trade name.

The committee concluded that there is nothing to prohibit a lawyer from having a law office and another business office. It cautioned, however, that in the conduct of both the law office and the other business there is significant potential for conflicts of interest in violation of the Rules of Professional Conduct. The committee expressed no opinion regarding how the conduct and operation of the law office and the other business might conflict with or violate those provisions.

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 Treat this page as historical context, not current guidance.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. The conflict-of-interest and firm-name rules that bear on operating a separate business were restructured in the 2006 revisions, so verify the current rules before relying on them.

Common questions

Q: Can a lawyer operate a law office and a separate trade-name business?

A: Yes. The committee concluded that nothing prohibits a lawyer from having a law office and another business office.

Q: What is the catch the committee identified?

A: It said that operating both creates significant potential for conflicts of interest in violation of the Rules, while expressing no opinion on how the specific operations might do so.

Background and rules framework

The committee did not apply a specific numbered Rule of Professional Conduct in reaching its conclusion. It framed the concern in terms of the general potential for conflicts of interest that arises when a lawyer operates both a law office and a separate trade-name business, and it declined to address how any particular operation might run afoul of the Rules.

Citations and references

Rules of Professional Conduct:

• No specific numbered rule cited; the committee referenced the general potential for conflicts of interest under the Rules of Professional Conduct

See also

• WA Ethics Op. 1855: 'Law Center' Trade Name
• WA Ethics Op. 1847: Trade Name Naming a Field
• WA Ethics Op. 1488: A Law Practice and Side Business

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1096

Original opinion text

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

Advisory Opinion: 1902
Year Issued: 2000
RPC(s):
Subject: Lawyer operating two offices, one using trade name

The inquiring lawyer asked if it is ethical for a lawyer to have two offices, one doing business as the named lawyer, such as, "John Doe, Attorney at Law" and another office doing business as a trade name.

The committee opined that there is nothing to prohibit a lawyer having a law office and another business office. However, in the conduct of both the law office and the other business, there is significant potential for conflicts of interest with and in violation of the Rules of Professional Conduct. The committee expresses no opinion regarding how the conduct and operation of the law office and the other business might conflict with or violate those provisions.