Can a law firm list nonlawyers like a Rule 9 intern or office manager on its office sign or letterhead?

Plain-English summary

A law firm wished to place the names and titles of a Rule 9 intern and an office manager on the firm's office sign. The committee noted that under DR 1-102 of the Code of Professional Responsibility, a lawyer was prohibited from listing nonlawyers on office signs. It added that it had previously observed that many of the restrictions in that rule were of questionable constitutionality.

The committee then noted that there is no such prohibition under the Rules of Professional Conduct, which became effective on September 1, 1985. It concluded that under the RPC, assuming the listing of non-attorneys was neither false nor misleading, there would be nothing improper in doing so.

Currency note

This opinion was issued in 1985, before the 2006 revisions to the Washington Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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 firm list a Rule 9 intern or office manager on its sign?

A: Under the Rules of Professional Conduct, yes, as long as the listing is neither false nor misleading. The committee found nothing improper in it under the RPC.

Q: Didn't the old Code ban listing nonlawyers on signs?

A: It did. The committee noted that DR 1-102 of the Code prohibited a lawyer from listing nonlawyers on office signs, and that it had previously called many of that rule's restrictions of questionable constitutionality.

Q: What changed the answer?

A: The Rules of Professional Conduct, effective September 1, 1985, carried no comparable prohibition. The committee read the RPC to allow the listing if it was not false or misleading.

Background and rules framework

The opinion contrasts DR 1-102 of the former Code of Professional Responsibility, which barred listing nonlawyers on office signs, with the Rules of Professional Conduct that took effect September 1, 1985, which the committee said contained no such ban. Under the RPC, the committee applied a not-false-and-not-misleading standard for communications about a lawyer's practice, the standard now found in Washington RPC 7.1 and Model Rule 7.1.

Citations and references

Rules of Professional Conduct:

• DR 1-102 (former Washington Code of Professional Responsibility): listing of nonlawyers on office signs
• The opinion applies a not-false-and-not-misleading standard under the Rules of Professional Conduct effective September 1, 1985 (now reflected in RPC 7.1 / Model Rule 7.1), without citing a specific RPC number.

See also

• WSBA Ethics Op. 901: advertising an out-of-state affiliation; "attorneys at law"
• WSBA Ethics Op. 1015: out-of-state associated office

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=19

Original opinion text

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

Advisory Opinion: 907
Year Issued: 1985
RPC(s): DR 1-102
Subject: Listing nonlawyers on office signs, letterhead

A law firm wished to place the names and titles of a Rule 9 intern and officer manager on the firm's office sign. The Committee noted that under DR 1-102 of the Code of Professional Responsibility, a lawyer is prohibited from listing non lawyers on office signs. The Committee has previously noted that many of the restrictions in that rule are of questionable constitutionality, and further notes that there is no such prohibition under the Rules of Professional Conduct, which become effective on September 1, 1985. Therefore, the Committee concluded that under RPCs, assuming that the listing of non-attorneys was neither false nor misleading, there would be nothing improper in doing so.