Can a North Carolina lawyer who teaches at a college use the title 'doctor' based on a Juris Doctor degree?

Plain-English summary

The inquiring lawyer is licensed in North Carolina, holds a Juris Doctor degree, and works full time as a college instructor rather than in private practice. The State Bar's earlier ruling RPC 5 treated the unexplained use of "doctorate" or "doctor" for a Juris Doctor degree as potentially misleading and therefore inappropriate. The question is whether the lawyer, and other lawyers working in academia, may use the "doctor" designation within the academic community, where holders of doctoral and other advanced degrees are routinely called "doctor."

The opinion concludes yes. It restates RPC 5's point that, since it is not normal practice to refer to a Juris Doctor degree simply as a doctorate or to call an attorney holding that degree "doctor," the unexplained use of those terms could be misleading and so is inappropriate. The opinion then carves out the academic setting: in academic communities, including community colleges and other post-secondary institutions of higher education where individuals with doctoral and comparable advanced degrees are routinely and traditionally referred to as "doctor," it is not misleading, and not inappropriate, for a person holding a juris doctor degree to use the title.

The opinion sets a specific limit on the designation: a lawyer may use it only when working or otherwise participating in a function associated with a post-secondary institution of higher education. In all other contexts, the lawyer may not refer to himself or herself as "doctor."

In practice

Under the North Carolina standard as it stood at the time of the opinion, the analysis turns on whether the use of "doctor" would be misleading in the setting. The opinion holds that the designation is permissible for a JD-holder within a post-secondary academic community, where the title carries a shared understanding among people with advanced degrees, and is not permissible outside that setting, where it could mislead.

Per the opinion, the permission is tied to the function: a lawyer may use "doctor" when working or participating in a function associated with a post-secondary institution of higher education, and may not use it in other contexts.

Common questions

Q: Can a lawyer with a JD call himself "doctor" because of the law degree?

A: Generally no. The opinion concludes that, because unexplained use of "doctor" for a Juris Doctor degree could be misleading, it is inappropriate, except in the academic setting the opinion describes.

Q: When is using "doctor" acceptable for a lawyer?

A: In an academic community. The opinion concludes that at community colleges and other post-secondary institutions of higher education, where doctoral and comparable degree holders are routinely called "doctor," a JD-holder may use the title.

Q: Can the lawyer use "doctor" outside the school, for example in a law practice?

A: No. The opinion limits the designation to working or participating in a function associated with a post-secondary institution of higher education; in all other contexts the lawyer may not use "doctor."

Background and rules framework

The opinion applies the standard that a lawyer's self-description must not be misleading, the principle reflected in Rule 7.1 (communications concerning a lawyer's services) and tracked by Model Rule 7.1. It follows the State Bar's earlier ruling RPC 5, which treated the unexplained use of "doctor" for a Juris Doctor degree as potentially misleading, and adds the academic-community exception.

Citations and references

Rules of Professional Conduct:

• MR 7.1 / NC Rule 7.1 (a lawyer's communications about services must not be false or misleading): the misleading-communications standard the opinion applies.

Other opinions cited:

• NC RPC 5: unexplained use of "doctorate" or "doctor" for a Juris Doctor degree could be misleading and is inappropriate.

See also

• NC 2006 FEO 20: Use of Departed Lawyer's Surname in Firm Name
• ABA Formal Op. 90-357: Use of the "Of Counsel" Designation

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/2007-formal-ethics-opinion-5/

Original opinion text

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

Inquiry #1:

Attorney X is licensed to practice law in North Carolina and holds a Juris Doctor degree from an accredited university. Attorney X is working as a full-time college instructor and is not engaged in the private practice of law. RPC 5 prohibits a lawyer from referring to himself as holding a doctorate or using the title "doctor" to refer to himself. Pursuant to the opinion, Attorney X does not refer to herself as "Doctor X." However, the title "doctor" is used by college administrators and faculty with doctorates in fields other than medicine without any apparent risk of misleading students or others within the academic community. The prevailing opinion at the college is that a law degree is of lesser stature or value than other degrees because the title "doctor" does not attach. May Attorney X, and other lawyers who work in academia, use the designation "doctor" within that community?

Opinion:

Yes. RPC 5 provides as follows:

Since it does not appear to be normal practice to refer to a Juris Doctor degree as simply a [d]octorate or to refer to an attorney holding a Juris Doctor degree as "Doctor," the use of those terms without explanation could be misleading and therefore is inappropriate.

Nevertheless, in academic communities, including community colleges and other post-secondary school institutions of higher education, where individuals with doctoral and other advanced degrees comparable to the juris doctor degree are routinely and traditionally referred to as "doctor," it is not misleading and not inappropriate for a person holding a juris doctor degree to refer to himself or herself as "doctor." The use of the designation "doctor," however, is specifically limited: a lawyer may use the designation only when working or otherwise participating in a function associated with a post-secondary school institution of higher education. In all other contexts, a lawyer may not refer to himself or herself as "doctor."