Can a solo lawyer use her nickname as the name of her law firm, like 'XY Law Firm'?

Plain-English summary

A sole practitioner wanted to use her nickname as the name of her law firm, for example "XY Law Firm," while also spelling her actual name below the trade name. She asked whether using her nickname would be ethically improper.

The committee said the use of an attorney's nickname as a trade name would not be ethically improper under RPC 7.1, 7.4, or 7.5. It conditioned that conclusion on the nickname not creating confusion by the public as to the services provided, or suggesting that there are other attorneys practicing in the firm when there are not.

Currency note

This opinion was issued in 2005, 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 Treat this page as historical context, not current guidance.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 mentioned here.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee permitted a nickname-based trade name subject to the anti-confusion limits in the communications and firm-name rules. The two conditions it named were that the nickname not mislead the public about the services offered and that it not imply a multi-lawyer firm where the lawyer practices alone. Spelling the lawyer's actual name below the trade name was part of the proposal the committee approved.

Common questions

Q: Can a solo lawyer practice under a nickname-based firm name?

A: The committee said yes, using a nickname as a trade name is not ethically improper under RPC 7.1, 7.4, or 7.5, subject to the anti-confusion conditions.

Q: What are the limits on a nickname trade name?

A: The committee said the nickname must not create public confusion about the services provided, and it must not imply that other attorneys practice in the firm when they do not.

Background and rules framework

The opinion interprets RPC 7.1 (Model Rule 7.1, communications must not be false or misleading), RPC 7.4 (Model Rule 7.4, communication of fields of practice), and RPC 7.5 (Model Rule 7.5, firm names). The committee treated a nickname trade name as a firm-name and communications question, permissible so long as it does not mislead the public about who practices in the firm or what services are offered.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1 (communications must not be false or misleading)
• Model Rule 7.4 / Washington RPC 7.4 (communication of fields of practice)
• Model Rule 7.5 / Washington RPC 7.5 (firm names)

See also

• WA Ethics Op. 2088: Abbreviated Firm Name
• WA Ethics Op. 1980: Middle Name in Firm Name
• WA Ethics Op. 2077: Using a Pre-Divorce Name

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1333

Original opinion text

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

Advisory Opinion: 2090
Year Issued: 2005
RPC(s): RPC 7.1, 7.4, 7.5
Subject: Use of attorney`s nickname in firm name

The inquiry involves an attorney who is a sole practitioner who wishes to use her nickname as the name of the law firm. The attorney’s nickname is “XY” [name changed for confidentiality, ed.]; the name of the firm would be “XY Law Firm”. The attorney would also spell her actual name below the trade name. The attorney wishes to know if the use of her nickname would be ethically improper.

The use of an attorney’s nickname as a trade name would not be ethically improper under RPC 7.1, 7.4 or 7.5. This is conditioned on the nickname not creating confusion by the public as to the services provided or that there are other attorneys practicing in the firm when they are not.