Can in-house counsel use letterhead that does not include the name of the employer?

Plain-English summary

A lawyer employed as in-house counsel asked about using letterhead that did not bear the name of the employer.

The committee was of the opinion that it made no difference what letterhead the lawyer used, so long as in using any letterhead the lawyer did not mislead the recipients of the letters as to whom the lawyer was representing.

Currency note

This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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: Must in-house counsel's letterhead name the employer?

A: The committee said it made no difference what letterhead the lawyer used, as long as it did not mislead recipients about whom the lawyer represented.

Q: What was the controlling concern?

A: Whether the letterhead misled the recipients of the letters as to whom the lawyer was representing.

Background and rules framework

The opinion applied RPC 7.5 (corresponding to ABA Model Rule 7.5), governing firm names and letterheads. The committee read the rule's core concern as avoiding misleading communications, so the omission of the employer's name was acceptable unless it misled recipients about the lawyer's client.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.5 (firm names and letterheads); Washington RPC 7.5

See also

• WA Ethics Op. 1515: Out-of-State Partner Letterhead
• WA Ethics Op. 1530: Disclosing Confidences to a Nonlawyer Supervisor

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=612

Original opinion text

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

Advisory Opinion: 1531
Year Issued: 1993
RPC(s): RPC 7.5
Subject: Letterhead of in-house counsel omits name of employer

The Committee reviewed your inquiry concerning use of letterhead when employed as in-house counsel that did not bear the name of the employer in the letterhead. The Committee was of the opinion that it made no difference what letterhead the lawyer used, so long as in using any letterhead he did not mislead the recipients of the letters as to whom he was representing.