Can a lawyer who built a reputation under her professional name keep using that name in practice after legally changing her name for personal reasons?

Plain-English summary

The inquiring lawyer had practiced for more than 20 years and built her reputation under the name she earned her license in. For personal reasons she wanted to legally change her name but continue using her current name in practice. She asked whether she could keep using that name professionally after a personal legal name change, and asked the committee to define "avoid misleading the public" and to explain what complying with APR 13(d) means, as those phrases were used in Informal Opinion 2077.

The committee concluded the lawyer is not prohibited from continuing to use her current name in her professional capacity after a personal legal name change, provided it does not mislead the public and provided she releases to the WSBA, within 10 days of the name change, all information sufficient to comply with APR 13(d). On the definitions, the committee said "misleading the public" is fact dependent and that the comment following RPC 7.1 provides some assistance. As to APR 13(d), the committee said the rule itself sets out what is required, but that because the lawyer wishes to keep her current name professionally, she should also inform the WSBA of that intent so the Bar will continue listing the name she practices under as her "public" name while noting her legal name in its records.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated a lawyer's continued use of an established professional name after a personal name change as permissible, conditioned on two things: that the continued use not mislead the public, judged on the facts with help from the comment to RPC 7.1, and that the lawyer satisfy APR 13(d) by giving the WSBA the required information within 10 days of the change. The opinion holds that, to keep the professional name as her "public" name, the lawyer should also tell the WSBA of that intent so the Bar lists the practice name publicly while recording the legal name internally. The committee did not give a fixed definition of "misleading," framing it as fact-dependent.

Common questions

Q: Can a lawyer keep practicing under her old name after legally changing it for personal reasons?

A: Yes. The committee concluded the lawyer may continue using her current professional name, provided it does not mislead the public and she complies with APR 13(d) by notifying the WSBA within 10 days.

Q: What does "avoid misleading the public" mean here?

A: The committee said it is fact dependent, and that the comment following RPC 7.1 (the rule against false or misleading communications about a lawyer or the lawyer's services) provides some assistance rather than a bright-line test.

Q: What does the lawyer have to do with the WSBA?

A: Release to the WSBA, within 10 days of the name change, the information sufficient to comply with APR 13(d), and tell the Bar she intends to keep practicing under her current name so it lists that name publicly while noting her legal name in its records.

Background and rules framework

The opinion interpreted Washington RPC 7.1 (Model Rule 7.1, communications concerning a lawyer's services that must not be false or misleading) together with Admission to Practice Rule (APR) 13(d), which governs the information a lawyer must provide the WSBA on a name change. The committee read RPC 7.1 and its comment as the source of the "misleading the public" standard and APR 13(d) as the administrative requirement the lawyer must satisfy.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1 and comment (false or misleading communications about a lawyer's services)

Other authorities:

• Washington Admission to Practice Rule (APR) 13(d) (name-change information to be provided to the WSBA)

Other opinions cited:

• WSBA Informal Opinion 2077 (referenced for the "avoid misleading the public" and APR 13(d) phrasing)

See also

• WA Ethics Op. 2174: use of "Paralegal Advocate" title
• WA Ethics Op. 2175: email fee agreements and encryption

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1625

Original opinion text

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

Advisory Opinion: 2180
Year Issued: 2008
RPC(s): APR 13(d), RPC 7.1
Subject: Lawyer wishes to pratice in original name after legal name change

The inquiring lawyer has practiced for over 20 years, and has gained recognition using her current name, the name under which she earned her license. For personal reasons she wishes to legally change her name but wishes to continue to use her current name in her practice.

She asks the following question:

“Is it permitted for a licensed attorney who has practiced for more than two decades under a given name, to continue practice in (using) that name despite a subsequent legal name change?”

She also asks the committee to define the phrase “avoid misleading the public” AND what is meant by complying with APR 13(d) as used in Informal Opinion 2077.

Response:

The inquiring lawyer has practiced for over 20 years, and has gained her reputation under her current name, the name under which she earned her license. For personal reasons she wishes to obtain a legal name change but wishes to continue to use her current name in her practice. She asks whether she may, without violating the RPC, continue to use her current name in her professional capacity as a lawyer after having obtained a legal name change for personal reasons. She also asks the committee to define the phrase “avoid misleading the public” and what is meant by complying with APR 13(d).

Under the above facts, the inquiring lawyer is not prohibited from continuing to use her current name in her professional capacity after obtaining a legal name change for personal reasons, provided it does not mislead the public and further provided she releases to the WSBA, within 10 days of her name change, all information sufficient to comply with APR 13(d), as hereinafter explained.

The inquiring lawyer also asks the committee to define the phrase “avoid misleading the public” and what is meant by complying with APR 13(d), under these facts. “Misleading the public” is fact dependent, and the comment following RPC 7.1 provides some assistance. The requirements necessary to comply with APR 13(d) are set forth in the rule, but, given the lawyer’s desire to retain her current name in her professional capacity she should also inform the WSBA of this intent so it will continue to list the name under which she practices as her “public” name, while also noting her legal name in its records.