Can a firm keep a non-partner's name in the firm name on its letterhead, and may that lawyer instead be listed 'of counsel'?
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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.
Plain-English summary
The inquiry concerned the use of a non-partner's name on the masthead letterhead and the use of "of counsel." The committee determined that it is improper to continue to have the name of a non-partner, "Doe," on the masthead letterhead, citing Formal Opinion 178 and RPC 7.5(d).
The committee further determined that it is not improper to list "Doe" as "of counsel" under the facts presented, where the lawyer continues to work for the firm and is not a partner, and assuming his name is removed from the firm name on the masthead letterhead, again citing RPC 7.5(d).
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 Treat this page as historical context, not current guidance.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 firm keep a non-partner's name in the firm name on its letterhead?
A: The committee concluded it is improper to continue to have a non-partner's name on the masthead letterhead, citing Formal Opinion 178 and RPC 7.5(d).
Q: Can that lawyer be listed as 'of counsel' instead?
A: Yes. The committee said it is not improper to list the lawyer as "of counsel" where he continues to work for the firm, is not a partner, and his name is removed from the firm name on the masthead.
Background and rules framework
The opinion applied RPC 7.5(d) (firm names and letterheads), corresponding to ABA Model Rule 7.5, and relied on Formal Opinion 178. The committee distinguished using a non-partner's name as part of the firm name, which it found improper, from designating that lawyer "of counsel," which it found permissible once the name is removed from the firm name.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.5 (firm names and letterheads); Washington RPC 7.5(d)
Other opinions cited:
- WSBA Formal Opinion 178: use of a non-partner's name on the firm letterhead.
See also
- WA Ethics Op. 1454: 'Of Counsel' for a Part-Time Lawyer
- WA Ethics Op. 1776: Merged Firms Keeping Two Names
- WA Ethics Op. 1623: 'Tax Attorneys' in Advertising
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=985
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1792
Year Issued: 1997
RPC(s): RPC 7.5(d); Formal Opinion 178
Subject: Firm name or designation; letterhead; inclusion of name of non-partner in firm name; use of "of counsel"
The Committee researched and reviewed your inquiry concerning the use of the name of a non-partner on the masthead letterhead and use of "of counsel". The Committee determined that it is improper to continue to have the name of a non-partner "Doe" on the masthead letterhead. See Formal Opinion 178 and RPC 7.5(d). It is not improper to list "Doe" as "of counsel" under the facts presented where the lawyer continues to work for the firm and is not a partner and assuming his name is removed from the firm on the masthead letterhead. RPC 7.5(d).
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