Advisory Opinion: 1392

Year Issued: 1991

RPC(s): RPC 1.7; 1.10; 7.1; 7.5

Subject: Law firms; lawyer "of counsel" and/or partner in more than one firm

The inquiry concerned whether a lawyer could work in an "of counsel" position for more than one firm, be "of counsel" to one firm and a partner in another firm, or be a partner in two firms. The lawyer also asked about using the lawyer's name in the firm name in the proposed scenarios. The Committee was of the opinion that there was no ethical impropriety with any of the relationships posed in your inquiry, but that in each instance the lawyers involved should be aware of the conflict of interest requirements of RPC 1.7, the imputed disqualification rule, RPC 1.10, and the prohibition against misleading communications in RPC 7.1.

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.