Can a lawyer use 'and associates' in a firm name when the other lawyers are not actually firm associates?

Plain-English summary

The inquiry concerned the use of 'and associates' in a firm name and the use of 'of counsel,' where the other lawyers were not in fact associates of the inquiring lawyer's firm.

The committee was of the opinion that, under the facts presented, RPC 7.5(d) and 7.1 would prohibit using the term 'and associates' in the firm name, because the other lawyers were not actually associates of the firm. It said the use of 'of counsel' must comply with Formal Opinion 178 (a copy of which it enclosed), and it pointed out that any sharing of fees between the inquiring lawyer and the other lawyers must comply with RPC 1.5(e).

Currency note

This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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 solo or small firm call itself '[Name] and Associates' if the other lawyers are not its associates?

A: Per the committee, no. On the facts, RPC 7.5(d) and 7.1 prohibited 'and associates' because the other lawyers were not in fact associates of the firm.

Q: What governs use of 'of counsel'?

A: The committee said the use of 'of counsel' must comply with Formal Opinion 178, which it enclosed.

Q: Does fee sharing among the lawyers raise a separate issue?

A: Yes. The committee pointed out that any fee sharing between the inquiring lawyer and the other lawyers must comply with RPC 1.5(e).

Background and rules framework

The opinion applied RPC 7.5(d) (firm names and letterhead) and RPC 7.1 (communications about a lawyer's services), corresponding to ABA Model Rules 7.5 and 7.1, to treat a misleading 'and associates' designation as improper. It referred 'of counsel' usage to the bar's Formal Opinion 178 and tied any division of fees among the lawyers to RPC 1.5(e) (corresponding to ABA Model Rule 1.5).

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.5 (firm names and letterheads); Washington RPC 7.5(d)
• ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
• ABA Model Rule 1.5 (fees; division of fees); Washington RPC 1.5(e)

Other opinions cited:

• WSBA Formal Opinion 178 (governing use of 'of counsel')

See also

• WSBA Ethics Op. 1086: Solo Using 'Associates'
• WSBA Ethics Op. 1231: Firm Name After Buyout
• WSBA Ethics Op. 1015: Out-of-State Associated Office

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1144

Original opinion text

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

Advisory Opinion: 1107
Year Issued: 1987
RPC(s): RPC 1.5(e); 7.1; 7.5(d); Formal Opinion 178
Subject: Firm name; letterhead; use of terms "and associates" and "of counsel"

The Committee was of the opinion that, under the facts presented in your inquiry, Rules 7.5(d) and 7.1 of the Rules of Professional Conduct would prohibit the use of the term "and associates" in your firm name, since the other lawyers are not, in fact, associates of your law firm. The use of the term "of counsel" must comply with formal opinion 178, a copy of which is enclosed. Additionally, the Committee wanted to point out that any sharing of fees between you and other lawyers must comply with RPC 1.5(e).