Does Washington RPC 7.4 require board-certification disclaimers on a lawyer's business cards and letterhead?

Plain-English summary

The inquirer asked how far RPC 7.4 reached, specifically whether it applied to a lawyer's business cards and stationery. The committee concluded that RPC 7.4 applied to business cards and letterhead, and noted that RPC 7.5(a) specifically refers to "letterhead."

The committee found no exceptions stated in RPC 7.4 that would eliminate the requirement that a reference to certification on business cards or letterhead include the disclaimers stated in the rule. It concluded that a lawyer's designation on business cards or letterhead stating that the lawyer had received board certification, without the references mandated by RPC 7.4(b), would violate RPC 7.1(a), 7.4(b), and 7.5(a).

Currency note

This opinion was issued in 2001, 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, and Washington's lawyer-advertising rules (the RPC 7-series) have been revised since. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Do Washington's certification-advertising rules apply to business cards and letterhead, or only to formal advertisements?

A: The committee concluded that RPC 7.4 applied to business cards and letterhead. It observed that RPC 7.5(a) specifically refers to "letterhead," and that RPC 7.4 stated no exceptions for cards or stationery.

Q: What happens if a lawyer states board certification on a card or letterhead without the required disclaimers?

A: The committee concluded that such a designation, made without the references mandated by RPC 7.4(b), would violate RPC 7.1(a), 7.4(b), and 7.5(a).

Background and rules framework

The opinion applies Washington RPC 7.4 (communication of fields of practice and specialization; corresponding to Model Rule 7.4) to a lawyer's business cards and letterhead. It reads that rule together with RPC 7.1(a) (communications about a lawyer's services; Model Rule 7.1) and RPC 7.5(a) (firm names and letterheads; Model Rule 7.5), which expressly addresses letterhead. The opinion reflects Washington's pre-2006 numbering of the advertising rules.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.4 / Washington RPC 7.4 (communication of fields of practice and specialization)
• Model Rule 7.1 / Washington RPC 7.1(a) (communications about a lawyer's services)
• Model Rule 7.5 / Washington RPC 7.5(a) (firm names and letterheads)

See also

• WSBA Ethics Op. 1824: "CFE" Designation in Advertising
• WSBA Ethics Op. 1500: "Adoption Attorney" Implies Specialist
• NV Ethics Op. 13: Advertising Specialist Certification

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1182

Original opinion text

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

Advisory Opinion: 1942
Year Issued: 2001
RPC(s): RPC 7.1(a); 7.4; 7.5(a)
Subject: Applicability of RPC 7.4 to business cards and letterhead

The inquirer asks to what extent RPC 7.4 applies to a lawyer’s business cards and stationery. The committee believes that RPC 7.4 applies to business cards and letterhead and, indeed, RPC 7.5(a) specifically refers to "letterhead". No exceptions are stated in RPC 7.4 that would eliminate the requirement that the reference to the certification on business cards or letterhead include the disclaimers stated in the rule. Therefore, a lawyer’s designation on business cards or letterhead that a lawyer has received board certification without the references mandated by RPC 7.4(b) would violate RPC 7.1(a), 7.4(b) and 7.5(a).