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2163
| 2007 |
RPC 1.0(c), 7.5
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Use of the word, "Group" in the name of a law firm consisting of one attorney and one of-counsel
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The lawyer in the current inquiry would like to use the word “Group” in her law firm’s name. She has represented to the Committee that she has “an ‘of Counsel’ relationship with another attorney who maintains an office within the premises.” She added that she is currently “seeking an Associate Attorney; however, none is currently on staff and may not be until after July 2007 when I expect to move my offices.” From the inquiring lawyer’s letter, it appears that when she moves, she may no longer have the of counsel relationship. Therefore, it appears that in either scenario the total number of lawyers associated with the firm will remain at two for purposes of the present analysis.
Comment 2 to RPC 1.0(c), which defines “law firm” for purposes of the Rules of Professional Conduct, and Comment 3 to RPC 7.5, which addresses law firm names, suggest that a lawyer who is an “of counsel” will be considered to be part of a firm if the lawyers involved “present themselves to the public in a way that suggests that they are a firm or conduct themselves as a firm[.]” RPC 1.0, cmt. 2. Although decided under the former Code of Professional Responsibility, the Board of Governors reached essentially the same conclusion in Formal Ethics Opinion 178, which was issued in 1984: “To be listed [on firm letterhead] as ‘of counsel,’ the lawyer must be an active member of the Washington State Bar Association and have a close, i.e., regular and frequent, continuing relationship with the lawyer or law firm[.]” Assuming that an “of counsel” lawyer meets that standard, then the lawyer would be considered a member of the firm for purposes of the Rules of Professional Conduct.
The term “group” does not appear to have been defined in this context by the RPCs, the comments to the RPCs or Washington case law. Black’s Law Dictionary does not define the term “group” in this sense either. Webster’s Dictionary does, however, define “group” as “two or more figures forming a complete unit in a composition.” Based on this dictionary definition, it appears that two lawyers would constitute a “group.”
Assuming an “of counsel” meets the standard outlined above to be considered a firm member, then a firm consisting of two licensed lawyers, one of whom is an “of counsel,” could use the term “group” in its firm name under RPC 7.5.
The same analysis would apply to a two-lawyer firm where one attorney is an associate employed by the other.
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