Advisory Opinion: 1776

Year Issued: 1997

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

Subject: Merged law practices continue operating under previous separate names; duty to inform clients of merger

Facts Presented: Two law firms "Smith & Jones" and Jane Doe, P.S. have recently merged. Even though the firms will now file just one tax return, the inquirers chose to continue operating each practice under the same two names and the same two separate offices prior to their merger. Accordingly, they continue with the names of "Smith & Jones" in Suite A of the building and "Jane Doe & Associates" in Suite B of their building.

Question Presented: Are the firms required to send formal notice to all of Jane Doe's clients stating that she has merged her practice into "Smith & Jones"?

Applicable Rules: RPC 7.1(a), 7.5

RPC Committee Opinion: There is no requirement to notify the clients of this merger as long as it is clear from the law firms' letterhead and other forms of communication devices that the clients are notified truthfully of the change, and there may be individual situations where a notification to the client will be required. However, regarding the merger of the two firms and the actions as described in your correspondence, the continued use of the two firm names is misleading under 7.1(a) and 7.5(a).

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.