Can a law firm list a non-lawyer employee on the firm's letterhead?

Plain-English summary

The committee was asked whether a practicing attorney could list an employee who is not licensed to practice law on the law firm's letterhead. It answered no, citing DR 2-102(A)(4) of the former Code. The opinion gave no extended reasoning beyond the rule and supporting authorities (KBA E-84 and E-142 and several ABA Informal Opinions).

Currency note

The Kentucky Bar Association modified this opinion in KBA E-223. This opinion was issued in 1978 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, including the current advertising and letterhead rules (SCR 3.130 Rules 7.01 to 7.50). 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 Treat this page as historical context, not current guidance.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 law firm put a non-lawyer employee's name on its letterhead under this opinion?

A: No. The committee concluded it was improper under DR 2-102(A)(4) to list an employee not licensed to practice law on the firm letterhead.

Q: Is this opinion still the KBA's position?

A: The opinion was modified by KBA E-223, which addresses listing paralegal and nonlawyer names on cards and letterhead. Consult E-223 and the current advertising and letterhead rules.

Background and rules framework

The opinion applies DR 2-102(A)(4) of the former Code, which restricted what a firm could display on its letterhead. The modern analog is Model Rule 7.1 (communications concerning a lawyer's services), into which the former separate letterhead rule (Model Rule 7.5) was folded; Kentucky's current rules appear at SCR 3.130 Rules 7.01 to 7.50.

Citations and references

Rules of Professional Conduct:

• DR 2-102(A)(4) (firm letterhead); modern analog Model Rule 7.1

Other opinions cited:

• KBA E-84, E-142; ABA Informal Opinions 408, 619, 845, 1000

See also

• KBA Ethics Op. E-223: Paralegal Names on Cards and Letterhead
• KBA Ethics Op. E-198: Out-of-State Lawyer Of Counsel on 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-182.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-182
Modified by KBA E-223

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:

Is it proper for a practicing attorney to list an employee, not licensed to practice law on the letterhead of the law firm?

Answer:

No.

References:

DR 2-102(A)(4); KBA E-84, E-142; ABA Informal Opinion 408, 619, 845, 1000

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.