Advisory Opinion: 1365

Year Issued: 1990

RPC(s): RPC 1.5; 1.7; 7.3

Subject: Firm designation; use of term "of counsel;" division of fees; referrals

The Committee reviewed your inquiry concerning the use of "of counsel" to identify your status with your new law firm with whom you will be working from time to time and to whom you will be referring legal business arising from your insurance work. In addition, you expect to do insurance work for some of the firm's clients arising from their legal work. The Committee directed me to point out to you the fee splitting restrictions in RPC 1.5 and also that you should be conscious of the conflict of interest requirements in RPC 1.7. The Committee was of the opinion that, based upon the facts presented in your inquiry, the use of the term "of counsel" was probably appropriate.

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.