Can a firm list lawyers who are inactive in other states on its letterhead?
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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned listing out-of-state inactive lawyers on the firm's letterhead.
The committee was of the opinion that RPC 7.1 prohibits communications regarding lawyers that are misleading. On that basis, the committee concluded that if the firm wishes to list lawyers on its letterhead who are inactive in other states, their specific status in those states would have to be identified on the letterhead.
Currency note
This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 7.1 corresponds to Model Rule 7.1 and was rewritten in the current rules. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.
Common questions
Q: Can a firm put an out-of-state lawyer who is inactive there on its letterhead?
A: Per the opinion, yes, but the letterhead must identify the lawyer's specific status in that state. The committee tied this to RPC 7.1's bar on misleading communications about lawyers.
Q: Why does the status have to be spelled out?
A: Because RPC 7.1 prohibits misleading communications about lawyers; listing an inactive out-of-state lawyer without identifying that status could mislead, so the status must appear.
Background and rules framework
The opinion applies the rule then numbered Washington RPC 7.1, corresponding to Model Rule 7.1, which prohibits false or misleading communications about a lawyer or the lawyer's services. The committee read that bar to require that a firm listing out-of-state lawyers who are inactive in those states identify their specific status on the letterhead, so the listing is not misleading.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.1 (false or misleading communications about a lawyer's services), corresponding to Model Rule 7.1.
See also
- WSBA Ethics Op. 1015: an out-of-state lawyer and associated offices on letterhead
- WSBA Ethics Op. 1144: keeping a departing partner's name in the firm name
- WSBA Ethics Op. 901: out-of-state affiliation and the "attorneys at law" designation
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=226
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1146
Year Issued: 1987
RPC(s): RPC 7.1
Subject: Letterhead; listing inactive out-of-state lawyers
The committee considered your inquiry concerning the listing of out-of-state inactive lawyers on your letterhead. The committee was of the opinion that RPC 7.1 prohibits communications regarding lawyers which are misleading. Therefore, the Committee was of the opinion that if you wish to list lawyers on your letterhead who were inactive in other states, their specific status in those states would have to be identified on the letterhead.
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