Can a lawyer use a pseudonym (a fake name) while doing legal work?
Apply this to your situation
This page answers the general question as of 1996. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee reviewed whether an attorney's use of a pseudonym at work violates the Rules of Professional Conduct. The committee did not express an opinion on whether DSHS claims officers or other staff are practicing law.
The committee was of the opinion that if an attorney is engaged in the practice of law, then the use of a pseudonym would violate RPC 7.1(a) and 8.4(d).
Currency note
This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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. Washington's RPC 7.1 and 8.4 correspond to ABA Model Rules 7.1 (communications about a lawyer's services) and 8.4 (misconduct, including conduct prejudicial to the administration of justice).
Common questions
Q: Can a lawyer use a fake name while practicing law?
A: The committee was of the opinion that if an attorney is engaged in the practice of law, using a pseudonym would violate RPC 7.1(a) and 8.4(d).
Q: Did the committee decide whether the agency staff in question were practicing law?
A: No. The committee did not express an opinion on whether DSHS claims officers or other staff are practicing law; its conclusion applies if the person is engaged in the practice of law.
Background and rules framework
The opinion applied RPC 7.1(a) (communications about a lawyer's services, corresponding to ABA Model Rule 7.1) and RPC 8.4(d) (misconduct, corresponding to ABA Model Rule 8.4(d), conduct prejudicial to the administration of justice). The committee made the violation contingent on the person being engaged in the practice of law, a question it left undecided for the agency staff at issue.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1(a)
- ABA Model Rule 8.4 (misconduct); Washington RPC 8.4(d)
See also
- WA Ethics Op. 1656: Naming a Firm "____ & Company"
- WA Ethics Op. 1622: Calling a Non-Owner Lawyer a "Principal"
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=742
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1660
Year Issued: 1996
RPC(s): RPC 7.1(a); 8.4(d)
Subject: Lawyer's use of a pseudonym at work
The Committee reviewed the question of whether an attorney's use of a pseudonym at work violates the Rules of Professional Conduct. The Committee does not express an opinion regarding whether DSHS claims officers or other staff, are practicing law. However, if an attorney is engaged in the practice of law, then the use of a pseudonym would violate RPC 7.1(a) and 8.4(d).
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