Can a lawyer advertise under a name different from the one they are licensed under?

Plain-English summary

The inquiring lawyer, whose legal name was "John Doe" (all names in the opinion are fictitious), asked whether it was ethical to advertise his legal services under "John Doe Gonzales" or "John Doe-Gonzales." He explained that it is customary in many Hispanic cultures to use the first part of the father's surname with the first part of the mother's surname, and that, because his mother's maiden name was "Maria Gonzales Rodriguez," he wished to advertise to the Hispanic community under the combined name.

The committee concluded that the lawyer's use of "John Doe Gonzales" or "John Doe-Gonzales" in advertisements was false and misleading in violation of RPC 7.1(a) and 7.5(a). It stated that the use of more than one name at the same time in a lawyer's practice is false and inherently misleading, and that lawyers should use the name under which they are licensed to practice with the WSBA. The committee explained that using the licensed name allows the public to make accurate inquiries to the WSBA regarding a lawyer's good standing and disciplinary history.

Currency note

This opinion was issued in 2001, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. The advertising and firm-name rules, including the numbering of RPC 7.1 and 7.5, were revised in that process. 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 Treat this page as historical context, not current guidance.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: Can a lawyer advertise under a name that combines surnames not in their licensed name?

A: No. The committee said using a name other than the one under which the lawyer is licensed, including appending a maternal surname, is false and inherently misleading under RPC 7.1(a) and 7.5(a).

Q: Why did the committee say lawyers should use their licensed name?

A: It said using the licensed name allows the public to make accurate inquiries to the WSBA regarding a lawyer's good standing and disciplinary history.

Q: Did the committee accept the cultural-naming-custom rationale?

A: No. While the lawyer explained the combined name reflected a Hispanic naming custom, the committee still treated using more than one name at the same time in practice as inherently misleading under the rules.

Background and rules framework

The opinion interprets Washington RPC 7.1(a) (corresponding to Model Rule 7.1, communications about a lawyer's services; no false or misleading statements) and RPC 7.5(a) (corresponding to Model Rule 7.5, firm names and letterhead). The committee tied the prohibition to the public's ability to verify a lawyer's licensure and discipline record under the licensed name.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1(a) (communications concerning a lawyer's services; no false or misleading statements)
• Model Rule 7.5 / Washington RPC 7.5(a) (firm names and letterhead)

See also

• WSBA Ethics Op. 1086: Sole Practitioner Using "Associates"
• WSBA Ethics Op. 1107: "And Associates" / "Of Counsel" Firm Names
• WSBA Ethics Op. 1151: Using "Ph.D." on Letterhead and Cards

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1177

Original opinion text

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

Advisory Opinion: 1937
Year Issued: 2001
RPC(s): RPC 7.1(a); 7.5(a)
Subject: Lawyer's use of more than one name in legal practice

[Editor's Note: All names used in this opinion are fictitious]. The inquiring lawyer asks whether it is ethical to advertise his legal services under the name "John Doe Gonzales" or "John Doe-Gonzales" where his legal name is "John Doe". The inquirer states that it is customary in many Hispanic cultures to use the first part of his father’s surname with the first part of his mother’s surname. Because his mother’s maiden name is "Maria Gonzales Rodriguez", the inquirer would like to advertise his legal services in the Hispanic community under the name "John Doe Gonzales" or John Doe-Gonzales".

The committee believes that the inquiring lawyer’s use of the "John Doe Gonzales" or "John Doe-Gonzales" in advertisements is false and misleading in violation of RPC 7.1(a) and 7.5(a). The use of more than one name at the same time in a lawyer’s practice is false and inherently misleading. Lawyers should use the name under which they are licensed to practice with the Washington State Bar Association (WSBA). This allows the public at large to make accurate inquiries to the WSBA regarding a lawyer’s good standing and disciplinary history.