Washington State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Washington State Bar Association, with full citations and source links on every page.
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If a lawyer buys a retiring lawyer's whole practice, can the buyer keep the seller's name in the firm name?
No. Under Washington's Comment [10] to RPC 7.1, it is misleading to use the name of a lawyer who is not associated with the firm or a predecessor of the firm, so a purchaser may not keep the selling l…
Can a lawyer who built a reputation under her professional name keep using that name in practice after legally changing her name for personal reasons?
Yes. The committee concluded the lawyer may continue using her current professional name after a personal legal name change, provided it does not mislead the public and she gives the WSBA the informat…
Can a paralegal use the title 'Paralegal Advocate' on business cards, and what is the supervising lawyer's duty about it?
The committee concluded that 'Paralegal Advocate' is misleading and violates RPC 7.1 because 'advocate' has become synonymous with 'lawyer,' and that under RPC 5.3 the supervising lawyer must ensure t…
Can a two-name law firm keep using a departed lawyer's name after he sells his interest but continues working in the office without being fully retired?
The committee concluded that on these facts neither lawyer may keep using the original name, because a firm name may not imply a partnership that no longer exists and the departed lawyer had sold his …
Can a two-lawyer firm, where the second lawyer is 'of counsel' or an associate, use the word 'Group' in its firm name?
The opinion concludes that, assuming an 'of counsel' lawyer meets the standard for being treated as part of the firm, a firm of two licensed lawyers, one of whom is 'of counsel,' could use the term 'G…
Can a lawyer run a closing or escrow department under a trade name (d/b/a), and must the lawyer disclose that the d/b/a is part of the law firm?
On the first question, the opinion concludes that under RPC 7.5(a) a lawyer may use a trade name as long as it does not imply a connection with a government agency or a charitable legal-services organ…
Can a Washington law firm registered as a PLLC use a trade name that drops the PLLC designation?
Yes. The committee concluded that under RPC 7.5(a) a PLLC law firm may use a trade name as long as it is not misleading, and it found the proposed name not misleading on its face; because the name cou…
Can a Washington sole practitioner call the firm a 'Law Group' when only one licensed lawyer practices there?
No. The committee concluded that using the word 'group' in a firm name where only one licensed attorney practices violates RPC 7.5(a) and (d) because it implies more than one lawyer practices in the f…
Can a retired founding member who is an honorary bar member be listed as 'Honorary Member' on a law firm's letterhead?
Not without clarification. The committee concluded that 'Honorary Member' alone violates RPC 7.1 and 7.5 because it implies the retired lawyer is a partner and still practicing; listing the lawyer as …
Can a solo lawyer use her nickname as the name of her law firm, like 'XY Law Firm'?
The committee said using an attorney's nickname as a trade name is not ethically improper under RPC 7.1, 7.4, or 7.5, as long as the nickname does not create public confusion about the services provid…
Can a firm advertise under a short version of its name, like 'The Smith Law Firm,' when its real name is longer?
The committee said a firm may use an abbreviated designation such as 'The Smith Law Firm' in advertising, complying with RPC 7.5 and 7.1, as long as the short name is coupled directly with the full fi…
Can one lawyer serve as in-house counsel for several unrelated corporations at the same time?
The committee said yes: a lawyer may serve as in-house counsel for more than one unrelated corporation, treating each as a separate client, so long as no corporation profits by 'renting out' the lawye…
After a name change from divorce, can a lawyer keep using her prior name professionally and in the firm name while using a different name personally?
The committee said a lawyer who takes a new name on a change of marital status is not prohibited from continuing to use her prior name in her professional capacity, including in the firm name, as long…
Can a law firm put a membership organization's logo on its letterhead?
The committee said yes. A firm may use a membership organization's logo on its letterhead as long as the use is truthful and not misleading; RPC 7.1 bars false or misleading communications and RPC 7.2…
Can a law firm use a trade-style name like '[Word] Law Group' that does not include any lawyer's name?
The committee said using a name such as '[Noun] Law Group, PLLC' does not violate RPC 7.1, 7.4, or 7.5(a), provided there is actually a group of lawyers in the firm.
Can one law firm be designated 'of counsel' to another law firm on its letterhead, and how do the fee-splitting rules apply?
The committee said a law firm may not be designated 'of counsel' to another firm, because that designation is limited to individual lawyers who are active WSBA members with a close, regular, continuin…
Can a law firm keep using a former member's name in its trade name after that lawyer leaves and continues practicing law in the same community?
No. The committee concluded that a firm may not continue to use a former member's name as a trade name when that member has left the firm and continues to practice law in the same community.
Can a law firm use a made-up surname trade name, keep a non-working lawyer as a fee-sharing 'silent partner,' or pay a nonlawyer consulting firm based on the firm's increased fee income?
The committee answered no to all three. A firm may not use a trade name that appears to consist of lawyers' surnames when no current or former lawyer of the firm had those names, because of the substa…
Can a law firm keep a named partner's name (with a 'retired in 2002' note) after he leaves to practice in another state?
The committee concluded that once a named partner ceases to practice with the Washington firm and begins practice in another jurisdiction and is no longer associated with the firm, the firm may no lon…
Can a Washington law firm organized as a professional limited liability company call itself an 'LLC,' or must it use 'PLLC' in the firm name?
The committee concluded that a professional limited liability company must include one of the terms 'Professional Limited Liability Company,' 'Professional Limited Liability Co.,' 'P.L.L.C.,' or 'PLLC…
Can a Washington lawyer use her middle name instead of her last name in the firm name while still signing legal documents with her last name?
The committee concluded that using a name in the firm name other than the name the lawyer uses in the practice of law is misleading, and directed the inquirer to the name-change procedure in Admission…
Does Washington RPC 7.4 require board-certification disclaimers on a lawyer's business cards and letterhead?
Yes. The committee concluded that RPC 7.4 applies to business cards and letterhead, and that stating board certification there without the disclaimers RPC 7.4(b) mandates would violate RPC 7.1(a), 7.4…
Can a lawyer advertise under a name different from the one they are licensed under?
No. The committee concluded that advertising under a name other than the lawyer's licensed name (here, adding a maternal surname) is false and inherently misleading in violation of RPC 7.1(a) and 7.5(…
When a lawyer is suspended or disbarred, can the firm keep using that lawyer's name in its firm name, letterhead, ads, or phone greeting?
The committee concluded that continuing to use a suspended or disbarred lawyer's name in the firm name, letterhead, correspondence, advertisements, contracts, phone and email communications, brochures…
Can out-of-state lawyers establish a Washington law practice with a Washington lawyer, and how must the firm name and advertising handle their non-admission?
The committee concluded that the Rules do not preclude a Washington lawyer from joining a multistate firm, but RPC 5.5 bars assisting non-members in the unauthorized practice of law in Washington and …
Can a lawyer run two offices, one under the lawyer's own name and one under a trade name?
The committee concluded that nothing prohibits a lawyer from having a law office and another business office, but that operating both creates significant potential for conflicts of interest in violati…
Is an 'of counsel' lawyer treated as a member of the firm for fee-splitting under RPC 1.5(e)?
The committee concluded that to use the 'of counsel' designation a lawyer must have a regular, frequent, and continuing relationship with the firm such that the lawyer is in fact a member; if so, a fe…
Can a law firm keep a suspended or disbarred lawyer's name in the firm name and communications?
No. Adopted as Formal Opinion 196, the opinion concluded that using a suspended or disbarred attorney's name in a firm's name or business communications is prohibited as false or misleading under RPC …
Can a lawyer on inactive status remain 'of counsel' to a law firm?
The committee concluded no: identifying a lawyer as 'of counsel' implies a continuing professional relationship that necessarily involves some practice of law, which an inactive lawyer cannot do, so t…
Can a law firm use a trade name like '[Field] Law Center' in Washington?
The committee concluded that the trade name '[field of practice] Law Center' does not violate RPC 7.5(a) if it is used in conjunction with a law practice of the nature described by the inquiring lawye…
Can a law firm use a trade name that includes its field of practice in Washington?
The committee concluded that the trade name 'All American [field of practice] Service' does not imply specialization but simply states an area of law the firm practices, and that this is consistent wi…
Can independent lawyers share office space and support staff under a common lease in Washington?
The committee concluded the arrangement is not prohibited by the Rules of Professional Conduct, but lawyers who share staff must preserve each client's confidences and secrets under RPC 1.6, and all t…
Can a lawyer set up a nationwide internet law firm with members in every state under a trade name?
The committee concluded that specific portions of the proposed nationwide Internet law firm are not in compliance with the RPCs, flagging problems with the firm's trade name (RPC 7.5), members in ever…
Can a firm put an 'of counsel' lawyer's name in the firm name if that lawyer was never a partner or member?
The committee concluded that a lawyer may not join his or her name with a firm unless the mutual intention is for the lawyer to serve as a member or partner under RPC 7.5(d), and that because the inqu…
Can a firm keep a non-partner's name in the firm name on its letterhead, and may that lawyer instead be listed 'of counsel'?
The committee concluded it is improper to keep a non-partner's name in the firm name on the masthead letterhead, but that it is not improper to list the lawyer as 'of counsel' where he continues to wo…
After two firms merge, can they keep operating under their two former names, and must they notify the merged-in firm's clients?
The committee concluded that, on the facts presented, the merged firms' continued use of two separate firm names is misleading under RPC 7.1(a) and 7.5(a); there is no separate requirement to send for…
After one partner retires, can the remaining solo lawyer keep using the two-name firm name?
The committee concluded a sole practitioner cannot continue using a two-name firm designation like 'X and Y, P.S.' because it suggests that more than one attorney is practicing in the firm.
Can a lawyer share office space with a nonlawyer organization and take referrals from it?
The committee concluded a lawyer may share office space with nonlawyers but must keep a completely separate and distinct office, prevent any misleading appearance of affiliation, and protect confident…
Can a lawyer be 'of counsel' to more than one law firm at the same time?
The committee concluded there is no ethical prohibition on being of counsel to more than one firm, but it has implications under several rules, especially RPC 1.6 and 1.7, and the of-counsel lawyer is…
When a law firm changes its name, does it have to tell its clients?
The committee concluded there is no general requirement to notify clients of a lawful firm-name change, but individual clients may need to be told if it could affect their case; any notice must comply…
Must an LLP law firm's letterhead state that one of its partners is a professional corporation?
The committee was of the opinion that the letterhead of a law firm practicing as a limited liability partnership need not include language indicating that a member of the partnership is a professional…
Does adding 'P.C.' to a law firm name that uses '... & Company' adequately show the firm's organizational structure?
The committee concluded that adding 'P.C.' after a firm name using '... & Company' provides sufficient clarification of the firm's organizational structure to satisfy RPC 7.1, 7.5(a), and 7.5(d).
Can a law firm advertise the combined years of practice of its partners as a single firm experience figure?
The committee concluded that advertising that the firm has represented clients for twenty-nine years, when that figure is the cumulative practice years of two partners, would violate RPC 7.1 as materi…
Can a professional limited liability company call itself a 'firm' or a 'company' in its name?
The committee decided that a professional limited liability company must not refer to itself as a 'firm' or a 'company' but must use 'professional limited liability company' or 'P.L.L.C.', and that to…
Can a law firm name itself '____ & Company'?
The committee was of the opinion that using the word 'company' in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law pr…
Can a law firm whose lawyers all practice tax law call itself 'Tax Attorneys' on its letterhead and business cards?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a firm whose attorneys all practice tax law from using the words 'Tax Attorneys' in its communications, provided…
Can a law firm give the title 'principal' to an employee-lawyer who has no ownership interest in the firm?
The committee was of the opinion that there is nothing inherently wrong with using the term 'principal' this way and that it will not violate RPC 7.5(d), but it may have the capacity to mislead the pu…
Can two lawyers form a professional service corporation under their joint names while otherwise practicing as separate sole practitioners?
The committee was of the opinion that such an arrangement is not an entity contemplated by RPC 7.5, and that it would be misleading and a violation of RPC 8.4 to hold the lawyers out as partners when …
Can a lawyer licensed only in Washington use out-of-state association letterhead and represent out-of-state clients?
The committee said whether a Washington-only lawyer's out-of-state letters and letterhead constitute unauthorized practice is a legal question it cannot answer, but that the rules would permit represe…
Can a law firm keep a deceased partner's name in the firm name, and can it keep the name of a partner who has left the firm?
The committee was of the opinion that under RPC 7.5(a) a firm may use a deceased attorney's name in the firm name, but may not continue using the name of an attorney who has left the firm.
Can a lawyer refer to a co-owner of a professional service corporation as 'my partner' even though they are technically co-shareholders?
The committee concluded that RPC 7.5(d) treats partners and corporate shareholders the same, so there is no violation in a lawyer referring to a co-shareholder as 'my partner.'
Can a lawyer's office sign list 'Notary Public' or an area of practice such as immigration?
The committee concluded there is no prohibition against listing Notary Public or a general practice area such as immigration on an office sign, so long as it does not misrepresent the lawyer's experie…
Can in-house counsel use letterhead that does not include the name of the employer?
The committee concluded it made no difference what letterhead in-house counsel used, so long as the lawyer did not mislead recipients of the letters about whom the lawyer was representing.
Can an out-of-state lawyer form a Washington partnership, and must the firm letterhead show that the lawyer is not admitted in Washington?
The committee said the partnership itself would not necessarily violate the rules, but the lawyer's letterhead violated RPC 7.5(d) because it did not indicate the jurisdictional limitation preventing …
Can a person use the business-card title 'Japanese Legal Consultant' in Washington?
The committee concluded that, after the adoption of Admission to Practice Rule 14 on foreign law consultants, using 'Japanese Legal Consultant' would be misleading because it implies the person compli…
Can a firm keep a named principal's name in the firm name when that lawyer practices law independently of the firm?
The committee concluded RPC 7.5(b) would not permit a firm to include in its name the name of a lawyer who practices law independent of the firm.
Can a lawyer also run a private investigation business, and what duties carry over from the lawyer role?
A lawyer may run a separate investigation business, but must tell investigation clients he is not acting as their lawyer and that confidentiality may not apply; RPC 1.8, 7.3, and conduct rules like 8.…
Can two lawyers who are not partners or shareholders practice under a joint firm name connecting their last names with 'and'?
The committee concluded that two lawyers who are neither partners nor shareholders cannot use a joint firm name connecting their last names with 'and'; doing so violates RPC 7.5(b).
Can a Washington lawyer share office space with a nonlawyer and accept client referrals from that nonlawyer?
The committee concluded a lawyer may share office space with a nonlawyer if the public is not misled into thinking they are partners, and may accept referrals if the lawyer keeps independent professio…
Can a part-time, hourly-paid lawyer be described as 'of counsel' to a law firm?
The committee concluded that, pursuant to WSBA Formal Opinion 178, 'of counsel' would be an appropriate term to describe the lawyer's part-time, hourly-paid relationship with the law firm.
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Legal ethics opinions from the Washington State Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.