Can a firm keep a lawyer's name in the firm name when that lawyer also works full time as a government hearing officer?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee addressed a lawyer employed full time as a hearing examiner who also wanted to continue practicing with a law firm whose name included the lawyer's name. The question was whether the firm could keep using the name.
The committee concluded that if the lawyer continued to practice with the firm between eight and twenty hours per week while employed full time as a hearing examiner, it would appear that the lawyer would be "actively and regularly practicing with the firm" as required by RPC 7.5(c). On that basis the firm could continue to use the lawyer's name in the firm name.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 7.5 on firm names was later renumbered and amended (and the lawyer-advertising rules were broadly restructured). Treat this page as historical context, not current guidance.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 keep a lawyer's name in the firm name if the lawyer takes a full-time government job?
A: It can if the lawyer keeps practicing with the firm. The committee said that practicing between eight and twenty hours per week, while a full-time hearing examiner, would appear to meet RPC 7.5(c)'s requirement of being actively and regularly practicing with the firm.
Q: What standard did RPC 7.5(c) set for keeping the name?
A: That the lawyer be "actively and regularly practicing with the firm." The committee treated 8 to 20 hours per week of continued practice as appearing to satisfy that standard.
Background and rules framework
The opinion interprets Washington RPC 7.5(c) as it stood in 1986, the firm-name rule addressing a lawyer who holds a position outside the firm (corresponding to Model Rule 7.5). The committee applied its "actively and regularly practicing with the firm" requirement to a lawyer simultaneously employed full time as a government hearing examiner.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.5(c) (use of a lawyer's name in the firm name; active and regular practice), corresponding to Model Rule 7.5.
See also
- WSBA Ethics Op. 1005: firm name implying a partnership with a non-partner associate
- WSBA Ethics Op. 1007: letterhead and firm name after withdrawing from a partnership
- WSBA Ethics Op. 1015: letterhead listing an out-of-state lawyer and associated offices
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=88
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 977
Year Issued: 1986
RPC(s): RPC 7.5(c)
Subject: Firm name with name of lawyer employed full time as hearing officer
The Committee was of the opinion that if you continue to practice with your law firm between eight and twenty hours per week while employed full time as a hearing examiner, it would appear that you would be "actively and regularly practicing with the firm" as required by RPC 7.5(c) and therefore your firm could continue to use your name in the firm name.
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