Can a law firm give an office manager or paralegal a firm business card showing the nonlawyer's name and contact information?

Plain-English summary

The committee was asked whether a lawyer could allow business cards bearing the name, address, and phone numbers of an office manager or paralegal, and answered no. Drawing on its earlier opinion E-142 (a firm may not designate "legal assistants" or "paralegals" on the firm letterhead, card, or any other permitted notice), the committee read DR 2-102(A)(1) (information allowed on a professional card) and DR 2-102(A)(4) (information allowed on a firm letterhead) together to mean that only lawyers' names may appear on letterheads and professional cards.

The committee noted that ABA and KBA opinions uniformly barred non-lawyers (a layman, a secretary, a patent agent, a staff investigator, an investigator, office manager, medical assistant, or paralegal) from firm letterheads. It acknowledged that on professional cards the authorities diverged: the ABA would allow cards for an investigator and a legal assistant, while the KBA would not allow paralegals or legal assistants. The committee adhered to the view that only lawyers' names may appear on a professional card, reasoning that DR 2-102(A) lets firms use cards or letterheads only within six enumerated categories, and non-lawyers fall within none of them; it saw no difference between a firm letterhead and a professional card. The committee added that nothing in the opinion would prevent a paralegal, office manager, or investigator from having a personal business card that does not contain the law firm's name, and that such a card could list the firm's phone number.

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 Treat this page as historical context, not current guidance.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: Can a paralegal or office manager appear on a law firm's business card?

A: No, under this opinion. The committee concluded only lawyers' names may appear on a firm's professional cards and letterheads.

Q: Did the committee follow the ABA on this point?

A: No. It noted the ABA would allow cards for an investigator and a legal assistant, but the KBA declined to and held that only lawyers' names may appear.

Q: Could a nonlawyer have any business card at all?

A: Yes. The committee said a paralegal, office manager, or investigator could have a personal card that does not contain the firm's name, and the card could list the firm's phone number.

Background and rules framework

The opinion applies DR 2-102(A) of the former Code, which limited the information firms could use on professional cards and letterheads to six enumerated categories. 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) (professional cards and letterheads); modern analog Model Rule 7.1

Other opinions cited:

• KBA E-142, E-158; ABA Informal Opinions 408, 619, 820, 909, 1000, 1185

See also

• KBA Ethics Op. E-223: Paralegal Names on Cards and Letterhead
• KBA Ethics Op. E-182: Nonlawyer Employee on 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-191.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-l91
Issued: September 1978
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:

May a lawyer allow the use of business cards with the name, address, and phone numbers of an office manager/paralegal?

Answer:

No.

References:

Opinion KBA E-142, E-158; DR 2-102(A); ABA Informal Opinion 408, 619, 820, 909, 1000, 1185.
OPINION

In Opinion KBA E-142 this Committee stated that “A lawyer or law firm may not designate ‘legal assistants’ or ‘paralegals’ on the firm letterhead, card or any other form or notice listing permitted to lawyers by the Code of Professional Responsibility.”
DR 2-102(A)(1) states what information may appear on a professional card and provides that the card may give the names of the members and associates of the firm. DR 2-102(A)(4) states what information may be used on a law firm’s letterhead and provides that the letterhead may give the names of members and associates of the law firm (including deceased and retired members).
It is the Committee’s opinion that when read together DR 2-102(A)(1) and DR 2-102(A)(4) state that only lawyers’ names may appear on the letterheads and professional cards. The ABA Opinions and KBA Opinions on what may go on letterhead have unanimously held that only lawyers’ names may appear. Thus, the following were not allowed to be on letterheads of the law firm: any layman (ABA Informal Opinion 408), secretary’s name (ABA Informal Opinion 619), patent agent (ABA Informal Opinion 820), staff investigator (ABA Informal Opinion 1000); investigator, office manager, medical assistant (Opinion KBA E-158), paralegal or legal assistant (Opinion KBA E-142).
However, in the area of professional cards the ABA and KBA Opinions come into conflict. The American Bar Association would allow professional cards for an investigator (ABA Informal Opinion 909) and legal assistant (ABA Informal Opinion 1185); whereas, the Kentucky Bar Association would not allow paralegals or legal assistants (Opinion KBA E-142).
With all due regard to the American Bar Association, it is the Committee’s belief that only lawyers’ names may appear on a professional card. DR 2-102(A) provides that law firms shall not use professional cards or letterheads except in the six enumerated sections. Paralegals, office managers or any other non-lawyers are not within any of the six exceptions. In our opinion there is no difference between a law firm’s letterhead and a professional card and only lawyers may be listed therein.
It should be noted that nothing in this opinion would preclude a paralegal/office manager/investigator, etc. from having their own “business card” which would not contain the name of the law firm on it. The card could list the law firm’s phone number.

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.