Advisory Opinion: 1622

Year Issued: 1995

RPC(s): RPC 7.1; 7.5(d)

Subject: Firm designation; use of term "principal" for lawyer who has no ownership interest in firm

The Committee discussed your inquiry regarding the use of the title "principal" for an employee-lawyer of a professional corporation to indicate a position of responsibility when the employee-lawyer "principal" does not have an ownership interest in the corporation. The Committee was of the opinion that there is nothing inherently wrong with the firm's use of the term "principal" in this manner, and will not violate RPC 7.5(d). However, the use of the term in this manner may have the capacity to mislead the general public under RPC 7.1. The firm could incur liability from the acts of the Principal, if the general public imputes from the title that apparent authority to act on the firm's behalf has been conferred.

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.