WSBA 1997

After one partner retires, can the remaining solo lawyer keep using the two-name firm name?

Short answer: The committee concluded a sole practitioner cannot continue using a two-name firm designation like 'X and Y, P.S.' because it suggests that more than one attorney is practicing in the firm.

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This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1997
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry concerned the continued use of two names in a law firm's name after one partner retired, leaving only one lawyer actually practicing. The committee concluded that the lawyer cannot continue to use "X and Y, P.S." while practicing as a sole practitioner, because it suggests that more than one attorney is practicing in the firm. The committee enclosed Formal Opinion 178 for reference.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 cited rule corresponds to ABA Model Rule 7.5 (firm names and letterheads).

Common questions

Q: Can a solo lawyer keep a two-name firm name after the other partner retires?

A: No. The committee concluded the lawyer cannot continue to use "X and Y, P.S." while practicing as a sole practitioner.

Q: Why not?

A: Because, as the committee said, the two-name designation suggests that more than one attorney is practicing in the firm.

Background and rules framework

The opinion applied RPC 7.5 (firm names and letterheads, corresponding to ABA Model Rule 7.5) to a solo practitioner retaining a two-name firm designation after a partner's retirement. The committee treated the designation as misleading because it implies multiple practicing lawyers, and pointed to Formal Opinion 178 for further reference.

Citations and references

Rules of Professional Conduct:

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

Other opinions cited:

  • Washington State Bar Association Formal Opinion 178, enclosed for reference

See also

Source

Original opinion text

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

Advisory Opinion: 1764
Year Issued: 1997
RPC(s): RPC 7.5
Subject: Law firm name or designation; sole practitioner using law firm name suggesting more than one attorney

[The inquiry concerned] the continued use of two names in the name of a law firm after one partner retires, leaving only one lawyer actually practicing in the law firm. The Committee believes that you cannot continue to use "X and Y, P.S." while practicing as a sole practitioner as it suggests that more than one attorney is practicing in the law firm. Formal Opinion 178 is enclosed for reference.

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