Can a law firm's certified legal secretary or paralegal have a business card showing her credential and the firm address?

Plain-English summary

A lawyer asked whether his secretary, recently certified by the National Association of Legal Secretaries as a Professional Legal Secretary after a two-day examination, could have business cards showing her name followed by the initials PLS and the office address.

The Disciplinary Commission concluded she may. The opinion noted that while the Code provides a mechanism for approving organizations that certify lawyers, no comparable mechanism exists for organizations that certify non-lawyers; nonetheless, the "Professional Legal Secretary" designation certified by the National Association of Legal Secretaries may be listed on her otherwise permissible business card showing her name, the initials PLS, and the office address. The Commission added one requirement: under Temporary DR 2-106, the card must also include the mandatory identification of the non-lawyer employee as a "Non-Lawyer Assistant," and such cards may be used for identification subject to Temporary DR 2-103.

Currency note

This opinion was issued in 1990, under the former Alabama Code of Professional Responsibility (Temporary DR 2-106, Temporary DR 2-103) and before the Alabama State Bar's January 1, 1991 adoption of the Rules of Professional Conduct and the 2002 Ethics 2000 revisions to the ABA Model Rules. A lawyer's responsibilities for non-lawyer assistants are now addressed by Rule 5.3, and communications about a lawyer's services by Rule 7.1. 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 Treat this page as historical context, not current guidance.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 paralegal or legal secretary have a business card with the firm's name on it?

A: Per the opinion, yes, with the name, a non-lawyer certification such as PLS, and the office address, provided the card also identifies the person as a "Non-Lawyer Assistant."

Q: Can the card show a certification like "Professional Legal Secretary"?

A: The opinion concluded the PLS designation certified by the National Association of Legal Secretaries may be listed, even though the Code has no approval mechanism for organizations that certify non-lawyers.

Q: What language is mandatory on the card?

A: The opinion held the card must include the "Non-Lawyer Assistant" identification required by Temporary DR 2-106.

Background and rules framework

The opinion interpreted Temporary DR 2-106 of the former Alabama Code, which required a non-lawyer employee's professional card to identify the employee as a "Non-Lawyer Assistant," subject to Temporary DR 2-103. A lawyer's duty to supervise non-lawyer assistants is now in Rule 5.3, and the prohibition on false or misleading communications about a lawyer's services in Rule 7.1.

Citations and references

Rules of Professional Conduct:

• Former Ala. Code of Prof. Resp. Temporary DR 2-106 (non-lawyer card must say "Non-Lawyer Assistant"); now addressed under Model Rule 5.3
• Former Ala. Code of Prof. Resp. Temporary DR 2-103; communications now governed by Model Rule 7.1

See also

• AL Ethics Op. 1990-04: law students providing legal research services to lawyers
• AL Ethics Op. 1988-52: naming clients in tombstone deal announcements

Source

• Landing page: https://www.alabar.org/office-of-general-counsel/formal-opinions/1990-01/
• Original PDF: https://www.alabar.org/assets/2019/02/RO-90-01.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS OPINION

RO-90-01

QUESTION:

"My secretary has recently been certified as a Professional Legal Secretary. This certification is issued by the National Association of Legal Secretaries to those professionals who pass an extensive two day examination which is given twice each year. This is the only national certification available in this area of the field of law.

The purpose of this letter is to inquire if there would be any violation of the Code of ethics if my secretary had business cards with her name followed by the initials PLS (Professional Legal Secretary) and my office address showing thereon.

In my research of the Code of Ethics, I find that there would be no violation, however, I would appreciate you looking into this formally and providing me with a response."

ANSWER:

Temporary Disciplinary Rule 2-106 provides as follows:

"DR 2-106 * * * A professional card of a non-lawyer employee of a lawyer or law firm must contain the identification of the non-lawyer employee as 'Non-Lawyer Assistant.' Such cards may be used for identification, subject to Temporary DR 2-103."

While the Code of Professional Responsibility does provide a mechanism whereby organizations that certify lawyers may be approved, no such mechanism is in place for organizations that certify non-lawyers. Nonetheless, it is our opinion that the designation "Professional Legal Secretary" as certified by the National Association of Legal Secretaries may be listed by your secretary on her otherwise permissible business card, which contains her name, followed by the initials PLS, and which also contains your office address. We would opine further, however, that the card must also include the mandatory language of Temporary Disciplinary Rule 2-106 as set forth hereinabove.

AWJ/vf

1/17/90