Can a law firm list a paralegal or other non-lawyer staff member's name on the firm letterhead?

Plain-English summary

A lawyer asked whether a paralegal associate's name could be placed on the firm letterhead, proposing to identify the paralegal in small print at the top left corner of the stationery.

The opinion applies Rule 7.1, which bars false, misleading, deceptive, or unfair communications about a lawyer or the lawyer's services, and Rule 7.7(a), which prohibits using a firm name, letterhead, or other professional designation that violates Rule 7.1. The opinion concludes that placing a paralegal's name on the letterhead does not appear to fall within these prohibitions.

The opinion draws one line: the term "associate" would be misleading for a non-lawyer, because in common usage "associate" connotes a lawyer in the firm who is not a partner, so that term may not be used. It therefore concludes that listing a paralegal's name is permissible, but the listing of paralegals and other non-lawyer personnel should be accompanied by language stating that such persons are not lawyers, in order to comply with Rules 7.1 and 7.7(a).

In practice

Under this opinion, a firm may put a paralegal's or other non-lawyer's name on its letterhead provided the listing makes clear, with accompanying language, that the person is not a lawyer. The opinion treats the label "associate" as off limits for a non-lawyer because it implies lawyer status. The governing concern throughout is Rule 7.1's bar on misleading communications, applied to letterhead through Rule 7.7(a).

Common questions

Q: Can a paralegal's name appear on the firm letterhead?

A: Per this opinion, yes, as long as the listing is accompanied by language stating the person is not a lawyer.

Q: Can a non-lawyer be called an "associate" on the letterhead?

A: No. The opinion concludes "associate" is misleading for a non-lawyer because it connotes a lawyer in the firm.

Q: What rule governs what can appear on letterhead?

A: The opinion applies Rule 7.7(a), which bars a firm name, letterhead, or professional designation that violates Rule 7.1's prohibition on misleading communications.

Background and rules framework

The opinion applies Mississippi Rule of Professional Conduct 7.1 (no false or misleading communication, the analog of Model Rule 7.1) and Rule 7.7(a) (firm names and letterheads; corresponding in subject to Model Rule 7.5). It reads them to permit listing non-lawyer staff with a clarifying disclaimer while barring titles, such as "associate," that imply lawyer status.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Mississippi Rule 7.1: no false, misleading, deceptive, or unfair communication about a lawyer's services.
• Mississippi Rule 7.7(a): no firm name, letterhead, or professional designation that violates Rule 7.1 (corresponds in subject to Model Rule 7.5).

See also

• MS Bar Ethics Op. 223: Paralegal Certification on Letterhead
• MS Bar Ethics Op. 179: Non-Lawyer Consultant on Firm Letterhead
• MS Bar Ethics Op. 113: Other Professional Licensure on a Lawyer's Letterhead

Source

• Landing page: https://www.msbar.org/ethics-discipline/ethics-opinions/formal-opinions/93/
• Original PDF: https://www.msbar.org/media/1099/et_op_93-amended.pdf

Original opinion text

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

ETHICS OPINION NO. 93

OF THE MISSISSIPPI BAR

RENDERED June 07, 1984

AMENDED April 06, 2013

ADVERTISING - FIRM NAME - LETTERHEAD - Permissible for an attorney to list the name of a paralegal or other non-lawyer on the attorney's letterhead. (However, the listing of the names of the paralegals and other non-lawyer personnel should be accompanied by language stating that such persons are not lawyers.)

The Ethics Committee of The Mississippi Bar has been requested to render an opinion with regard to the practice of placing the name of a paralegal associate on a letterhead of an attorney. The proposal is to identify the paralegal associate in small print at the top left hand corner of the letterhead stationery.

Rule 7.1 of the Mississippi Rules of Professional Conduct (MRPC) provides that "[a] lawyer should not make or permit to be made a false, misleading, deceptive or unfair communication about the lawyer or lawyer's services." Rule 7.7(a), MRPC, provides that "[a] lawyer shall not use a firm name, letterhead, or other professional designation that violates Rule 7.1."

The practice of placing the name of a paralegal on the letterhead of an attorney would not appear to fall within the prohibitions of these Rules.

The term "associate" would be misleading in regard to non-lawyers. Since in common usage the term "associate" carries a connotation of being a lawyer in the firm, though not a partner, the use of the term "associate" is not permissible.

Therefore, it is the opinion of this Committee that the practice of placing the name of a paralegal on the letterhead of an attorney is permissible. However, the listing of the names of the paralegals and other non-lawyer personnel should be accompanied by language stating that such persons are not lawyers in order to comply with Rule 7.1 and 7.7(a), MRPC.