Opinion 2121

The inquirer is an attorney who wishes to do business as the “XXX Law Group, PLLC,” in solo practice and wants to know whether doing so would violate RPC 7.1, 7.4 or 7.5(d) under either of two conditions: (1) in solo practice, he does employ non-lawyer legal assistants, and (2) in solo practice, he does not employ non-lawyer assistants.

The question asked is whether there are ethical problems with a firm name that implies or potentially implies that more than one person, or more than one lawyer, practices under the umbrella of the “law group”.

RPC 7.5 governs the use of firm names by lawyers. RPC 7.5(d) prohibits lawyers from using a firm name that states or implies that they practice in a partnership “or other organization” unless “that is a fact.” RPC 7.5(a) incorporates the prohibitions against false or misleading communications regarding the lawyer or the lawyer’s services (RPC 7.1) and the prohibition against certain forms of communication about the lawyer’s fields of practice (RPC 7.4).

The committee believes that use of the word “group” in the firm’s name, where the firm consists of only one licensed attorney, would violate RPC 7.5 (a) and (d), whether or not the firm also employs non-lawyer staff.

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.