Opinion 1868

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1868 concerning remaining "of counsel" while on inactive status.

The Committee has reviewed your inquiry and determined the following:

Your inquiry concerns whether a lawyer in inactive status may maintain an "of counsel" relationship with a law firm.

No. Identifying a lawyer as "of counsel" to a firm implies a continuing professional relationship between the lawyer and the firm, necessarily involving some practice of law by the lawyer. An inactive lawyer cannot engage in the practice of law. Therefore, identifying an inactive member as "of counsel" would be false and misleading, in violation of RPC 7.1 and possibly RPC 8.4. However, the firm could include the lawyer’s name in the firm name under RPC 7.5(a), should it choose to do so. The committee disclaims any opinion as to the propriety, or lack thereof, of your prior arrangement with the firm. See ABA Formal Opinion 90-357.

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.