Can a Washington lawyer use her middle name instead of her last name in the firm name while still signing legal documents with her last name?

Plain-English summary

The inquiring lawyer asked whether she could ethically use her middle name instead of her last name as part of the firm name, while continuing to use her middle name and last name when signing legal correspondence and documents. The committee concluded that use of a name in the firm name other than the name used in the practice of law is misleading.

The committee directed the inquirer to Admission to Practice Rule 13(c), which specifies a procedure to accomplish a name change if she wished to do so.

Currency note

This opinion was issued in 2002, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Washington's rules on firm names and lawyer communications were later amended. 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 Treat this page as historical context, not current guidance.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.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated a firm name that used a name other than the one the lawyer uses to practice as misleading. The opinion pointed the lawyer to the name-change procedure in Admission to Practice Rule 13(c) as the route to align her practice name with the firm name.

Common questions

Q: Can a Washington lawyer put her middle name (instead of her last name) in the firm name?

A: The committee concluded that using a name in the firm name other than the name the lawyer uses in the practice of law is misleading.

Q: What did the committee say the lawyer should do if she wants to use a different name?

A: The committee directed the inquirer to Admission to Practice Rule 13(c), which specifies a procedure to accomplish a name change.

Background and rules framework

The opinion treats a firm name that uses a name other than the one the lawyer uses in practice as misleading. Washington RPC 7.5 (firm names and letterheads; corresponding to Model Rule 7.5) governs firm names, and Washington RPC 7.1 (communications concerning a lawyer's services; corresponding to Model Rule 7.1) prohibits false or misleading communications about a lawyer or the lawyer's services. The committee directed the inquirer to Admission to Practice Rule 13(c) for the name-change procedure. The opinion reflects Washington's pre-2006 rule numbering.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.5 / Washington RPC 7.5 (firm names and letterheads)
• Model Rule 7.1 / Washington RPC 7.1 (misleading communications about a lawyer's services)

Court rules:

• Washington Admission to Practice Rule (APR) 13(c) (procedure for a name change)

See also

• WSBA Ethics Op. 1183: Non-Partner Name in a Firm Name Implies Partnership
• WSBA Ethics Op. 1107: "& Associates / Of Counsel" Firm Name Misleading
• WSBA Ethics Op. 1151: Using a PhD on Letterhead, Business Cards, and Ads
• WSBA Ethics Op. 1086: Sole Practitioner Using "Associates" Is Misleading

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1223

Original opinion text

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

Advisory Opinion: 1980
Year Issued: 2002
RPC(s):
Subject: firm name; use of middle name instead of last name

The inquiring lawyer asks if it is ethical to use her middle name instead of her last name as part of the firm name with the intention that she will continue to use her middle name and last name when signing legal correspondence and documents.

The committee opined that use of a name in the firm moniker other than the name used in the practice of law is misleading. The inquirer is directed to Admission to Practice Rule 13(c) that specifies a procedure to accomplish a name change should the inquirer wish to do so.