Advisory Opinion: 2077

Year Issued: 2004

RPC(s): APR 13(c)

Subject: . Lawyer’s use of a name which is different than that under which the lawyer is licensed if used in a personal rather than professional capacity

The inquirer seeks the opinion of the Committee on whether, after finalizing her divorce, she may use her married name for professional activities and communications, as well as in the appellation of her professional services corporation, while at the same time using her maiden name in her “personal capacity”. Similarly, the inquirer also asks whether another shareholder in the professional services corporation may use her maiden name in professional communications and activities, as well as in the appellation of the professional services corporation, while at the same time using her married name in “her personal capacity”.

In response to the inquiry the committee opined that, in the event a lawyer assumes a new name in connection with a change of marital status, the lawyer is not prohibited from continuing to use their prior name in their professional capacity, but the lawyer must avoid misleading the public. In this situation, continuing to use the prior name in the name of the lawyer’s firm does not, by that fact, render it misleading. They must comply with APR 13(c), as well.

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.