Can a client send a letter drafted by their lawyer out on the lawyer's letterhead?

Plain-English summary

The committee had learned that parties and agencies were having difficulty with correspondence signed by attorneys' clients but sent on the lawyer's letterhead. The committee suggested that clients should write and sign their own letters. It said that a letter drafted by the attorney should not be sent on the attorney's letterhead, or, in the alternative, if it was on the attorney's letterhead, both the client and the attorney should sign the letter and give the recipient notice as to whether the attorney was in fact representing the client in regard to the subject matter of the letter.

Currency note

This opinion was issued in 1977, before the Washington State Bar Association's later adoption of the Rules of Professional Conduct, which replaced the former Code of Professional Responsibility under which this opinion was issued, and before the 2006 revisions to those rules. Subsequent rule changes 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 Treat this page as historical context, not current guidance.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 requirement mentioned here.

Common questions

Q: Can a client send a lawyer-drafted letter on the lawyer's letterhead?

A: The committee suggested not. It said a letter drafted by the attorney should not go out on the attorney's letterhead, or, if it did, both the client and the attorney should sign it and the recipient should be told whether the attorney represented the client on the subject.

Q: Why did the committee address this?

A: The committee said parties and agencies receiving correspondence signed by clients on a lawyer's letterhead were experiencing difficulty, which the suggestion was meant to avoid.

Background and rules framework

The opinion was issued by the Bar's Committee on the Code of Professional Responsibility before Washington adopted the Rules of Professional Conduct, and it cited no rule number. Its concern was that a client's use of the lawyer's letterhead could create confusion for recipients about whether the lawyer was actually representing the client on the matter, which the committee addressed through its signing-and-notice suggestion.

Citations and references

Rules of Professional Conduct:

• The opinion cited no specific rule; it was issued under the former Code of Professional Responsibility.

See also

• WSBA Ethics Op. 1080: Collection-Agency Letters Over a Lawyer's Name
• WSBA Ethics Op. 1086: 'Associates' on a Solo's Letterhead
• WA Ethics Op. 2088: Abbreviated Firm Name

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1338

Original opinion text

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

Advisory Opinion: 800
Year Issued: 1977
RPC(s): 77-1
Subject: Use of Attorney`s Letterhead [Pub Inf Op 77-1]

[Formerly published as Published Informal Opinion 77-1. All Informal Opinions are consolidated in this database.]

It has come to the attention of the Committee on the Code of Professional Responsibility of the Association that difficulty is being created by parties and/or agencies receiving correspondence signed by attorneysclients utilizing the lawyers letterhead. It is the suggestion of the Committee that clients are to write and sign their own letters; although drafted by the attorney it should not be on the attorneys letterhead or, in the alternative, if it is on the attorneys letterhead both the client and the attorney should sign the letter and give the person or agency to whom the letter is directed notice as to whether the attorney is, as a matter of fact, representing the client in regard the subject matter of the letter or not.