Can a lawyer in private practice list a public office, such as county judge, on the firm letterhead?

Plain-English summary

The committee was asked whether a lawyer in private practice could include, on the firm letterhead, a reference to a held public office such as county judge. The answer was no. The committee did not write a fresh analysis; it stated that the cited reference, Opinion KBA E-84, "clearly disposes of this question."

The result places a lawyer's public-office title outside what may appear on private-practice letterhead, consistent with the former Code's restrictions on letterhead content and on a lawyer using public position for private advantage.

Currency note

This opinion was issued in 1976 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. The current rules, especially SCR 3.130 Rules 7.01 to 7.50 and the Attorneys' Advertising Commission Regulations noted in the opinion's own header, govern letterhead today. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a lawyer who also held a public office show that title on private firm letterhead?

A: No. The committee held that a private-practice lawyer may not reference a position as county judge or other public official on the letterhead.

Q: What did the committee rely on?

A: It rested entirely on Opinion KBA E-84, stating that the cited reference clearly disposed of the question without further analysis.

Background and rules framework

The opinion turns on the former Code's letterhead provisions (DR 2-102) and on the principle that a lawyer should not use a public position for private advantage (DR 8-101). The modern analogs are Model Rule 7.1 (communications about a lawyer's services), Model Rule 7.5 (firm names and letterheads, since folded into Rule 7.1 in many jurisdictions), and Model Rule 8.4 (misconduct, including misuse of office). The opinion's header also points current readers to SCR 3.130 Rules 7.01 to 7.50.

Citations and references

Rules of Professional Conduct:

• DR 2-102 (letterheads and professional notices); modern analogs Model Rules 7.1 and 7.5
• DR 8-101 (lawyer holding public office); modern analog Model Rule 8.4

Other opinions cited:

• KBA Opinion E-84 (controlling reference)

See also

• KBA Ethics Op. E-158: Nonlawyer Staff Names and Titles on Letterhead
• KBA Ethics Op. E-163: Multistate Firm Letterhead

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-138.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-138
Issued: January 1976

This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), especially Rules 7.01-7.50 and the Attorneys' Advertising Commission Regulations, before relying on this opinion.

Question:

May a lawyer in his private practice include his letterhead reference to his position as county judge or other public official?

Answer:

No.

References:

Opinion KBA E-84

OPINION

The cited reference clearly disposes of this question.

____

Note to Reader

This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.