Advisory Opinion:
2180
Year Issued:
2008
RPC(s):
APR 13(d), RPC 7.1
Subject:
Lawyer wishes to pratice in original name after legal name change
The inquiring lawyer has practiced for over 20 years, and has gained recognition using her current name, the name under which she earned her license. For personal reasons she wishes to legally change her name but wishes to continue to use her current name in her practice.
She asks the following question:
“Is it permitted for a licensed attorney who has practiced for more than two decades under a given name, to continue practice in (using) that name despite a subsequent legal name change?”
She also asks the committee to define the phrase “avoid misleading the public” AND what is meant by complying with APR 13(d) as used in Informal Opinion 2077.
Response:
The inquiring lawyer has practiced for over 20 years, and has gained her reputation under her current name, the name under which she earned her license. For personal reasons she wishes to obtain a legal name change but wishes to continue to use her current name in her practice. She asks whether she may, without violating the RPC, continue to use her current name in her professional capacity as a lawyer after having obtained a legal name change for personal reasons. She also asks the committee to define the phrase “avoid misleading the public” and what is meant by complying with APR 13(d).
Under the above facts, the inquiring lawyer is not prohibited from continuing to use her current name in her professional capacity after obtaining a legal name change for personal reasons, provided it does not mislead the public and further provided she releases to the WSBA, within 10 days of her name change, all information sufficient to comply with APR 13(d), as hereinafter explained.
The inquiring lawyer also asks the committee to define the phrase “avoid misleading the public” and what is meant by complying with APR 13(d), under these facts. “Misleading the public” is fact dependent, and the comment following RPC 7.1 provides some assistance. The requirements necessary to comply with APR 13(d) are set forth in the rule, but, given the lawyer’s desire to retain her current name in her professional capacity she should also inform the WSBA of this intent so it will continue to list the name under which she practices as her “public” name, while also noting her legal name in its records.
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