Can a lawyer who is also licensed in another profession, such as a registered professional engineer, list that other licensure on letterhead, business cards, and advertisements?

Plain-English summary

A sole practitioner who practiced only law was also a Registered Professional Engineer licensed in Mississippi, intended to become a patent attorney, and planned to concentrate in engineering-related or technically oriented law. He asked whether he could include the words "Registered Professional Engineer" on his letterhead, business card, and advertisements.

The opinion's holding, stated in its headnote, is that doing so is not improper for an attorney licensed in another profession who is not actively engaged in that profession. The Committee framed the analysis under Rule 7.1, which prohibits any public communication that is "false, misleading, deceptive, or unfair," noting the rules do not specify every permissible or impermissible practice.

The opinion also observed that the inquiring lawyer intended to enter one of the three legal specialties Rule 7.6(b) expressly recognizes (patent, trademark, and admiralty), and quoted Rule 7.6(b)'s authorized designations: a lawyer admitted to patent practice before the U.S. Patent and Trademark Office may use "patent attorney" or a substantially similar designation, and a lawyer in admiralty practice may use "admiralty" or "proctor in admiralty."

In practice

Under this opinion, a Mississippi lawyer who holds a license in another profession but does not actively practice it may state that licensure on letterhead, business cards, and advertisements; the governing limit is Rule 7.1's bar on communications that are false, misleading, deceptive, or unfair. The opinion separately identifies the specialty designations Rule 7.6(b) authorizes for patent and admiralty practice.

Common questions

Q: Can a lawyer who is also a licensed engineer say so on the firm letterhead?

A: Per this opinion, yes; the headnote concludes it is not improper to include a designation of another professional licensure where the lawyer is not actively engaged in that other profession.

Q: Does it matter that the lawyer no longer actively works as an engineer?

A: The opinion's holding is framed for a lawyer "not actively engaged in that profession," and concludes the designation is still permissible.

Q: What rule limits how a lawyer can advertise the other licensure?

A: The opinion points to Rule 7.1, which prohibits any public communication that is false, misleading, deceptive, or unfair.

Q: What designations may a patent or admiralty lawyer use?

A: The opinion quotes Rule 7.6(b): a lawyer admitted to patent practice before the USPTO may use "patent attorney" or a substantially similar designation, and an admiralty lawyer may use "admiralty" or "proctor in admiralty."

Background and rules framework

The opinion applies Mississippi Rule of Professional Conduct 7.1 (communications concerning a lawyer's services, the analog of Model Rule 7.1), which prohibits false, misleading, deceptive, or unfair communications. It also references Rule 7.6(b), the Mississippi rule recognizing patent, trademark, and admiralty as legal specialties and authorizing specific designations for patent and admiralty practitioners; Rule 7.6 has no direct Model Rule analog.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Mississippi Rule 7.1: a public communication may not be false, misleading, deceptive, or unfair.
• Mississippi Rule 7.6(b): recognized legal specialties (patent, trademark, admiralty) and their authorized designations (no direct Model Rule analog).

See also

• MS Bar Ethics Op. 139: M.D./J.D. Designations on Letterhead
• MS Bar Ethics Op. 198: Listing an Out-of-State Lawyer as Of Counsel
• MS Bar Ethics Op. 223: Paralegal Certification on Letterhead

Source

• Landing page: https://www.msbar.org/ethics-discipline/ethics-opinions/formal-opinions/113/
• Original PDF: https://www.msbar.org/media/1024/et_op_113-amended.pdf

Original opinion text

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

ETHICS OPINION NO. 113

OF THE MISSISSIPPI BAR

RENDERED January 29, 1986

AMENDED April 06, 2013

ADVERTISING - FIRM NAME - LETTERHEAD - It is not improper for an attorney licensed to practice another profession, but not actively engaged in that profession, to include a designation of his other professional licensure on his letterhead, business cards and in advertisements for his law practice.

The Ethics Committee of the Mississippi Bar has been requested to address the following question:

Would the inclusion of the words "Registered Professional Engineer" in the letterhead, business card, advertisement, etc. be proper if done by a sole practitioner who is engaged solely in the practice of law, is a Registered Professional Engineer licensed to practice engineering in the State of Mississippi, intends to become a Patent Attorney, and intends to concentrate his practice in engineering-related or technically oriented areas of the law?

Rule 7.1 of the Mississippi Rules of Professional Conduct ("MRPC") prohibits any form of public communication that is "false, misleading, deceptive, or unfair." The Rules do not specify every permissible or impermissible practice.

The attorney making this request intends to engage in one of the three legal "specialties" expressly recognized by Rule 7.6(b), MRPC, those being patent, trademark, and admiralty law.

Rule 7.6(b), MRPC, provides:

a lawyer may state or imply as follows:

(1) A lawyer who is admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "patent attorney" or a substantially similar designation; or
(2) A lawyer engaged in admiralty practice may use the designation "admiralty," "proctor in admiralty; or a substantially similar designation.