Advisory Opinion: 2135

Year Issued: 2007

RPC(s): RPC 7.5(a)

Subject: Use of trade name by a lawfirm operating as a PLLC

The inquiring lawyer asks whether a law firm, which is registered as a professional limited liability company (PLLC), may use a trade name without the PLLC designation to identify itself to the public.

Yes. Under the Washington Rules of Professional Conduct, a law firm may conduct business under a trade name as long as it is not misleading. See Rule 7.5(a) of the Washington Rules of Professional Conduct. The firm’s trade name is not misleading on its face. The proposed trade name and the legal name of the firm are identical except for the fact that the legal name obviously includes the PLLC designation. Given that fact and the fact that the trade name X&Y could be construed to suggest a partnership, the inquirer should consider either (1) adding an express disclaimer in the marketing materials that the firm is a PLLC, or (2) including the firm’s legal name somewhere in those materials to avoid any misleading implication that the firm is a partnership. As for any substantive legal requirements concerning use of a trade name by a Washington lawyer of PLLC, we advise that the inquiring lawyer consult applicable Washington and federal law.

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.