Can a law firm put a membership organization's logo on its letterhead?

Plain-English summary

The inquirer's law firm belonged to a nonprofit association of independent law firms across the country (referred to as "XYZ International"), and the firm wanted to use the association's logo. The inquiry asked whether it could do so.

The committee said a law firm may use a membership logo that is truthful and not misleading. It noted that RPC 7.1 prohibits a lawyer from making false or misleading communications about the lawyer or the lawyer's services, and that a lawyer may advertise through a variety of methods, including written communications like a letterhead, under RPC 7.2(a). It concluded that the truthful use of a membership logo on a law firm's letterhead does not violate the advertising rules, being neither misleading nor deceptive.

Currency note

This opinion was issued in 2004, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Washington's lawyer-advertising rules, including RPC 7.1 and 7.2, were revised in 2006 and amended again in later years. 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 Treat this page as historical context, not current guidance.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 mentioned here.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated a membership logo on letterhead as ordinary advertising governed by the truthful-and-not-misleading standard. It held that a firm may display the logo of an association it belongs to so long as the display is truthful and not misleading, grounding the conclusion in RPC 7.1 (no false or misleading communications) and RPC 7.2(a) (advertising through letterhead is permitted). The committee did not impose conditions beyond truthfulness.

Common questions

Q: Can a firm display the logo of an association it belongs to on its letterhead?

A: The committee said yes, as long as the use is truthful and not misleading.

Q: Which rules govern using a membership logo?

A: The committee applied RPC 7.1, which bars false or misleading communications about a lawyer's services, and RPC 7.2(a), which permits advertising through written communications like letterhead.

Q: What is the limit on using the logo?

A: The use must be truthful and not misleading; the committee said a truthful membership logo is neither misleading nor deceptive.

Background and rules framework

The opinion interprets RPC 7.1 (Model Rule 7.1, communications concerning a lawyer's services) and RPC 7.2 (Model Rule 7.2, advertising). The committee read the two together: RPC 7.1 sets the truthful-and-not-misleading standard, and RPC 7.2(a) confirms that letterhead is a permitted form of written advertising. The analysis turns on whether the particular logo use is truthful, not on the medium.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1 (communications concerning a lawyer's services; no false or misleading communications)
• Model Rule 7.2 / Washington RPC 7.2(a) (advertising; written communications such as letterhead)

See also

• WA Ethics Op. 2040: 'Law Group' Firm Name
• ABA Formal Op. 94-388: Relationships Among Law Firms
• AL Ethics Op. 1994-12: Listing AAA Arbitrator Status

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1297

Original opinion text

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

Advisory Opinion: 2048
Year Issued: 2004
RPC(s): RPC 7.1, 7.2(a)
Subject: law firm to use logo of membership organization on letterhead

The inquirer is a member of a law firm that belongs to a nonprofit association of independent law firms across the country called “XYZ International”. The association has a logo that the inquirer’s firm wishes to use. May they do so?

A law firm may use a membership logo that is truthful and not misleading. RPC 7.1 prohibits a lawyer from making false or misleading communications about the lawyer or the lawyer’s services. A lawyer may advertise through a variety of methods including written communications like a letterhead. RPC 7.2(a).The truthful use of a membership logo on a law firm’s letterhead does not violate the RPC rules concerning advertising as being neither misleading nor deceptive.