Advisory Opinion: 2013

Year Issued: 2003

RPC(s):

Subject: trade name

The inquirer formerly practiced law with other lawyers in a professional limited liability company named “The Smith [a hypothetical name] Law Group”. Smith left the firm and formed a separate limited liability company under the name “The Family Law [a hypothetical name] Group”. Smith requested the lawyers in old firm to cease using his name after his departure, but they contend that the name “The Smith Law Group” has been trademarked and, thus, may be used by the remaining lawyers in the old firm.

The inquirer asks if lawyers may practice under a trade name, which includes the name of a former member of the firm who has left the firm and who continues to practice law within the same community?

The committee opined that a firm may not continue to use a former member’s name as a trade name when the member has left the firm and continues to practice law in the same community.

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.