Can a Kentucky firm list an out-of-state lawyer not admitted in Kentucky on its letterhead and office door?

Plain-English summary

The committee answered, qualified yes to both, whether a Kentucky lawyer may place the name of an Indiana lawyer not admitted in Kentucky on the firm's stationery under the title "Counsel" and on the office door. It found no impropriety in listing on a letterhead, in any law directory, or on a shingle members of a law firm who are not all admitted in Kentucky, provided all representations of the firm name and its members make clear which members are not licensed to practice in Kentucky.

To accomplish that, the committee said the firm must indicate after the name of any member not licensed in Kentucky the limitation of his authority, by using a heading such as "Of Counsel" or a phrase such as "Not Admitted to Practice in Kentucky" or "Admitted Only in (..)" or similar words negating any implication of an entitlement to practice in the state. The committee added that under DR 2-102(D) one name for a multi-state interstate partnership is permissible, a practice earlier prohibited (specifically by ABA Formal Opinion 318 (1957)), and it pointed to ABA Informal Opinions 1165, 1207, and 1355 for the rationale of that change. To the extent KBA E-163 was inconsistent with this opinion, the committee modified it.

Currency note

This opinion was issued in 1979 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. 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 Treat this page as historical context, not current guidance.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 Kentucky firm put an out-of-state lawyer's name on its letterhead?

A: Qualified yes, under this opinion, if the firm clearly indicates the lawyer is not licensed in Kentucky, such as by "Of Counsel" or "Not Admitted to Practice in Kentucky."

Q: Can that lawyer's name go on the office door too?

A: Qualified yes, on the same condition that the limitation on the lawyer's authority to practice in Kentucky is made clear.

Q: Can a multi-state firm use a single firm name across states?

A: Yes. The committee said DR 2-102(D) permits one name for a multi-state interstate partnership, a change from earlier prohibitions.

Background and rules framework

The opinion applies DR 2-102(D) of the former Code, which addressed firm names and listings for multi-state partnerships and members not admitted in the forum state. The modern analogs are Model Rule 7.5 (firm names and letterheads, including the requirement to indicate jurisdictional limitations on lawyers not licensed in the forum, as it stood), Model Rule 7.1 (no false or misleading communications), and Model Rule 5.5 (unauthorized and multijurisdictional practice).

Citations and references

Rules of Professional Conduct:

• DR 2-102(D) (firm names, multi-state listings); modern analogs Model Rule 7.5, Model Rule 7.1, and Model Rule 5.5

Other opinions cited:

• KBA E-163 (modified to the extent inconsistent)
• ABA Formal Opinions 316, 318, 330; ABA Informal Opinions 256, 938, 1007, 1165, 1207, 1355 (1967)

See also

• KBA Ethics Op. E-260: Out-of-State Lawyer Advertising
• KBA Ethics Op. E-221: Sham Partnership and Referral Fees
• KBA Ethics Op. E-219: Law-Clinic Trade Names

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-198.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-198
Issued: January 1979

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 1:

May a lawyer in Kentucky place the name of an Indiana lawyer not admitted in Kentucky, on its stationery with the title “Counsel?”

Answer 1:

Qualified yes.

Question 2:

May a lawyer in Kentucky place on the door of the office the name of an Indiana lawyer who is not admitted to practice in Kentucky?

Answer 2:

Qualified yes.

References:

Opinion KBA E-163; DR 2-102(D); ABA Informal Opinion 256, 938, 1007, 1165, 1207, 1355 (1967); ABA Formal Opinion 316, 318, 330
OPINION

There is no impropriety in listing on the letterhead, in any law directory, shingle, etc., members of the law firm who are not all admitted to practice in this state, provided all representations of the firm name and its members to the public make clear which members the firm are not licensed to practice in Kentucky.
The firm must indicate after the name of any member who is not licensed in this state the limitation of his authority by the use of a heading “Of Counsel”, or the phrase “Not Admitted to Practice in Kentucky” or the phrase “Admitted Only in (..)” or similar words to negate any implication of entitlement to practice in this
state.
We also reference that under DR 2-102(D) one name for a multi-state interstate partnership is permissible. This had been prohibited by earlier opinions (specifically ABA Formal Opinion 318 (1957)). For discussions of the rationale of this overruling see ABA Informal Opinions 1165, 1207 and 1355. To the extent Opinion KBA E-163 is inconsistent with this opinion it is hereby modified.

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.