Advisory Opinion: 1820

Year Issued: 1998

RPC(s): RPC 7.1; 7.5

Subject: Firm name or designation; use of "of counsel" lawyer's name in firm name

The Committee researched and reviewed your inquiry concerning a lawyer with no prior association with firm being designated "of counsel" to the firm and determined the following:

It is the opinion of the Committee that a lawyer may not join his or her name with that of another firm unless it is their mutual intention to have the lawyer serve as a member or partner of the firm consistent with RPC 7.5(d). Lawyers may not state or imply that they practice as a partnership unless that is a fact. Any use of the "of counsel" role is strictly governed by RPC 7.1, 7.5 and other related provisions of the Rules of Professional Conduct. Since the inquirer has never been a member or partner of the firm, his name may not be used in the firm name.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.