Ethics-Governance: Article: http://www.wsba.org/media/publications/barnews/ethics/sep-98-ethics.htm

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http://www.wsba.org/media/publications/barnews/ethics/sep-98-ethics.htm Using a Trade Name for Your Law Practice by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. Washington's Rules of Professional Conduct (RPCs) have generally prohibited a lawyer from using a trade name in private practice. The Washington Supreme Court recently amended RPC 7.5(a), however, effective September 1, 1998, to permit use of a trade name. This article looks at the prior and amended rules, and then more generally considers the use of trade names by lawyers. Prior RPC 7.5(a):A Rose by Any Other Name Was a Thorn Before being amended, RPC 7.5(a) restricted your ability to use a trade name other than one incorporating the names of lawyers connected with your practice, or a name using the words "legal clinic" (if that, in fact, described your type of practice) with an optional geographical designation, or a name including deceased or retired partners. It provided: A trade name may not be used by a lawyer in private practice except that the use of the words "legal clinic" may be used alone or in conjunction with a geographical designation or the name of one or more of the lawyers connected with the practice so long as the name is not otherwise in violation of rule 7.1 and except if otherwise lawful a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession. If your name were Sarah Doe, your deceased partner were Jill Morton, and you practiced law in Ritzville, Washington, with your remaining partner, James Smith, you could practice, for example, under the name of "Doe, Morton & Smith," "Law Offices of Doe, Morton & Smith," or "Ritzville Legal Clinic" or "Doe, Morton & Smith Legal Clinic." Reasons for Change For constitutional purposes, a trade name is a form of commercial speech. Full Article: http://www.wsba.org/media/publications/barnews/ethics/sep-98-ethics.htm


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