Can a lawyer who left a firm stay on its letterhead, or be listed as 'retired,' while practicing at a new firm?

Plain-English summary

The committee was of the opinion that it would be misleading for a lawyer who had left a law firm and joined a new firm to remain on the first firm's letterhead when he had no association with it. The committee was of the opinion that it would be similarly misleading for the first firm to list the former attorney as "retired" when in fact he was not retired and was practicing law with another firm.

The committee added that if the lawyer were "of counsel" to both firms, then, being associated with both firms, his name could appear on the door and letterhead of each firm.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 7.1 on communications about a lawyer's services and RPC 7.5 on firm names and letterheads were later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a departed lawyer stay on the old firm's letterhead?

A: Per the opinion, no. The committee was of the opinion that it would be misleading for a lawyer who had left the firm and joined a new firm to remain on the first firm's letterhead when he had no association with it.

Q: Can the old firm list the departed lawyer as "retired"?

A: Not when it is untrue. The committee was of the opinion that listing the former attorney as "retired," when he was not retired and was practicing with another firm, would be similarly misleading.

Q: When could the lawyer appear on both firms' letterheads?

A: The committee was of the opinion that if the lawyer were "of counsel" to both firms, being associated with both, his name could appear on the door and letterhead of each firm.

Background and rules framework

The opinion applies Washington RPC 7.1 on communications concerning a lawyer's services and RPC 7.5 on firm names and letterheads, corresponding to Model Rules 7.1 and 7.5. The committee treated a letterhead or "retired" listing that did not match the lawyer's actual association as misleading, and it allowed listing on both firms' materials only where the lawyer was genuinely "of counsel" to both.

Citations and references

Rules of Professional Conduct:

• Washington RPC 7.1 (communications concerning a lawyer's services), corresponding to Model Rule 7.1.
• Washington RPC 7.5 (firm names and letterheads), corresponding to Model Rule 7.5.

See also

• WSBA Ethics Op. 987: a firm name that includes a departed lawyer
• WSBA Ethics Op. 1007: letterhead and firm name after withdrawing from a partnership
• WSBA Ethics Op. 919: a letterhead implying a specialist and a misleading firm name

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=164

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1053
Year Issued: 1986
RPC(s): RPC 7.1; 7.5
Subject: Firm names; listing former member of firm after departure; listing lawyer as "retired" while practicing with another firm

The Committee was of the opinion that it would be misleading for a lawyer who had left a law firm and joined a new law firm to remain on the letterhead of the first firm when he had no association with it. Similarly, the Committee was of the opinion that it would be similarly misleading for the first law firm to list the former attorney as "retired" when in fact he was not retired and was practicing law with another law firm. The Committee was of the opinion that if the lawyer were "of counsel" to both firms, then, being associated with both firms, his name could appear on the door and letterhead of each firm.