Can a law firm list paralegals and legal assistants on its letterhead and give them business cards with the firm name?

Plain-English summary

The committee addressed two frequently asked questions: whether nonlawyer employees such as paralegals and legal assistants may be listed with their titles on firm letterhead, and whether they may carry business cards bearing their name and title with the firm's name, address, and telephone number. The committee concluded that both are permissible.

The committee reviewed its prior, inconsistent opinions. Opinion 71-39 had allowed an investigator's card with the firm's information; Opinion 73-43 had found a firm name on a lay employee's card impermissible over solicitation concerns and had barred a paralegal from writing firm-stationery letters titled "Legal Assistant," reasoning the term could mislead clients into thinking the person was a lawyer; Opinion 77-14 had disapproved listing legal assistants on letterhead under the 1977 form of DR 2-102 while permitting a legal assistant to sign letters as "Legal Assistant." The committee noted that current DR 2-102 simply requires that letterhead and cards not be false, fraudulent, misleading, or deceptive, and that proposed Rule 4-7.5 is essentially the same.

In light of the growing presence and recognition of formally trained legal assistants and paralegals, current DR 2-102, and DR 3-104(E), the committee concluded it is now permissible to name nonlawyer employees and signify their titles on firm letterhead, considering it unlikely anyone would be misled by titles such as "Paralegal" or "Legal Assistant" into thinking the person is a lawyer. It also concluded business cards with the employee's name, title, and the firm's information are permissible, and reaffirmed that a nonlawyer's title indicating nonlawyer status should appear beneath the employee's name on correspondence the employee signs. The committee cautioned that a lawyer should not hold out a paralegal as "certified" if the employee is not in fact certified.

Currency note

This opinion was issued in 1986, before The Florida Bar's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 paralegals and legal assistants appear on a firm's letterhead?

A: The opinion concluded it is permissible to name nonlawyer employees and signify their titles on firm letterhead, finding it unlikely anyone would be misled into thinking they are lawyers.

Q: Can nonlawyer employees have firm business cards?

A: The opinion concluded that nonlawyer employees may carry business cards bearing their name and title along with the firm's name, address, and telephone number.

Q: How should a nonlawyer sign correspondence?

A: The opinion reaffirmed that a nonlawyer's title indicating nonlawyer status should appear beneath the employee's name on correspondence the employee signs.

Background and rules framework

The opinion interprets proposed Rule 4-7.5 (since renumbered 4-7.21; Model Rule 7.5) on firm names and letterhead, which (like the then-current DR 2-102) requires only that letterhead and cards not be false or misleading, together with DR 3-104(E) requiring disclosure of nonlawyer status.

Citations and references

Rules of Professional Conduct:

• Fla. Rule 4-7.5 (since renumbered 4-7.21) / Model Rule 7.5 (firm names and letterhead)
• CPR DR 2-102, DR 3-104(E), EC 3-6

Other opinions cited:

• Fla. Ethics Opinions 71-39, 73-43, 77-14

See also

• FL Bar Ethics Op. 88-2: 'Juris Doctor' on Letterhead
• FL Bar Ethics Op. 86-5: Nonlawyer Switching Firms
• FL Bar Ethics Op. 88-6: Nonlawyer Initial Interviews

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-86-4/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-86-4-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 86-4
August 1, 1986
Advisory ethics opinions are not binding.

It is permissible for nonlawyer employees to be listed on a law firm's letterhead along with their titles signifying their nonlawyer status. It also is permissible to issue nonlawyer employees business cards bearing their name and title along with the firm name, address and telephone number.

CPR: DR 2-102; DR 3-104(E); EC 3-6
RPC: 4-7.5 [See 4-7.21]
Opinions: 71-39; 73-43; 77-14

One of the most frequently asked ethics questions in the last year or two has been whether it is permissible to list nonlawyer employees — paralegals and legal assistants in particular — with their titles on law firm letterhead. A related question of similar frequency is whether it is permissible to issue nonlawyer employees business cards bearing their name and title along with the firm's name, address and telephone number. Both are permissible.

The Committee's prior opinions on the permissibility of letterhead listings and business cards for nonlawyer employees are somewhat inconsistent and dated. In Opinion 71-39 the Committee found it to be permissible for a law firm's investigator to carry business cards imprinted with the investigator's name and the law firm's name, address and telephone number. In Opinion 73-43 the Committee found it impermissible, because of the possibility of solicitation, for a law firm's name to be imprinted on a lay employee's business card. The Committee also found it impermissible for a law firm's trained paralegal to write letters on firm stationary with the title "Legal Assistant" appearing below the paralegal's signature and name. The Committee reasoned that the terms "Legal Assistant" and "Paralegal" had "no official meaning and no precise definition that [was] generally applied or accepted" and could mislead clients into believing that nonlawyer assistants were lawyers.

Opinion 77-14 found it impermissible for a law firm to signify and name a legal assistant on the firm letterhead. The Committee found the practice not to be authorized by DR 2-102(A) as it existed in 1977. In its 1977 form, the rule imposed detailed restrictions on letterhead, business cards and signs. In its current form DR 2-102 simply requires that letterhead and business cards not include any statement that is false, fraudulent, misleading or deceptive. Proposed Rule of Professional Conduct 4-7.5 [See current Rule 4-7.21] is essentially the same as the current DR 2-102.

At the same time that the Committee in Opinion 77-14 disapproved the listing of legal assistants on firm letterhead, the Committee permitted a legal assistant to sign letters as "Legal Assistant." This time the Committee noted that EC 3-6 provides for an indication of the letter-writer's nonlawyer status. DR 3-104(E) requires that a nonlawyer disclose his or her nonlawyer status in communications with clients, lawyers outside the firm and members of the public.

In light of the growing presence of formally trained and/or experienced legal assistants and paralegals in the practice of law, the popular recognition of their status and role, and the current DR 2-102 and DR 3-104(E), the Committee now concludes that it is permissible for paralegals and legal assistants to be named and their titles signified on firm letterhead. The Committee considers it unlikely that anyone will be misled by titles such as "Paralegal" and "Legal Assistant" to believe that the person named is a lawyer.

The Committee further concludes that it is permissible for nonlawyer employees to carry business cards imprinted with the nonlawyer employee's name and title and the firm's name, address and telephone number. Finally, the Committee reaffirms the conclusion of Opinion 77-14 that a nonlawyer's title indicating nonlawyer status should appear beneath the employee's name on correspondence signed by the employee.

Lawyers should take care not to hold a paralegal or legal assistant out as "certified" if the employee is not in fact certified. DR 2-102.