Can a New York lawyer use 'J.D.' on letterhead and business cards while working in a nonlegal job, such as a university development officer?
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This page answers the general question as of 2024. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.
Plain-English summary
The inquirer is admitted in New York and works remotely from New York as a development officer for a university in another state. The university would like him to use the "J.D." designation after his name on letterhead and business cards.
The opinion begins from N.Y. State 1089 (2016), which held that a New York lawyer is bound by the Rules in nonlegal as well as legal activities, and that a lawyer in a nonlegal business may identify as a lawyer but must take care that the relevant audience is not misled into believing the lawyer is acting as a lawyer. The opinion notes that Rule 7.1(b) permits an advertisement to include a lawyer's degrees, but reasons that the inquirer's communications as a development officer are not "advertisements" under Rule 1.0(a) because their primary purpose is not the retention of the lawyer. The opinion adds that Rule 8.4(c), barring conduct involving dishonesty, fraud, deceit, or misrepresentation, applies even outside advertising.
The opinion concludes that using "J.D." by one who earned the degree is not dishonest or misleading under Rule 8.4(c) (citing N.Y. State 105(a) (1969), permitting a lawyer to list earned law degrees), but repeats that the inquirer must take care to avoid confusion and ensure the audience does not believe he is acting as a lawyer. The opinion then addresses Rule 8.5: if the inquirer is admitted only in New York, New York's Rules apply under Rule 8.5(b)(2)(i); if he is also admitted elsewhere, the choice-of-law analysis under Rule 8.5(b) may lead to a different result, and the opinion declines to perform that multi-factor analysis because it does not know whether he is admitted elsewhere.
In practice
Under this opinion, a New York lawyer working in a nonlegal capacity may use the "J.D." designation on letterhead and business cards, provided the lawyer takes care that the relevant audience is not misled into believing the lawyer is acting as a lawyer. Per the opinion, if the lawyer is also admitted in another jurisdiction, that jurisdiction's rules may apply under the Rule 8.5(b) choice-of-law analysis and could change the result.
Common questions
Q: Can a New York lawyer put "J.D." on business cards for a nonlegal job?
A: Per the opinion, yes, because using a designation for a degree the lawyer actually earned is not dishonest or misleading under Rule 8.4(c), as long as the audience is not misled into thinking the lawyer is acting as a lawyer.
Q: Do the advertising rules apply to a development officer's letterhead?
A: Per the opinion, the communications are not "advertisements" under Rule 1.0(a) because their primary purpose is not the retention of the lawyer, but Rule 8.4(c)'s bar on misrepresentation still applies.
Q: Does it matter if the lawyer is also admitted in another state?
A: Per the opinion, yes. If admitted only in New York, New York's Rules apply under Rule 8.5(b)(2)(i); if admitted elsewhere too, the Rule 8.5(b) choice-of-law analysis applies and may lead to a different conclusion.
Background and rules framework
The opinion interprets New York Rule 1.0(a) (definition of "advertisement"), Rule 7.1(a) and (b) (advertising and permitted content, including degrees), Rule 8.4(c) (dishonesty and misrepresentation), and Rule 8.5(a) and (b) (disciplinary authority and choice of law). These correspond to ABA Model Rules 7.1, 8.4, and 8.5. The opinion notes New York's Rule 8.5(b) differs from the ABA Model Rule.
Citations and references
Rules of Professional Conduct:
- New York Rules of Professional Conduct 1.0(a), 7.1(a) & (b), 8.4(c), 8.5(a) & (b)
- ABA Model Rules 7.1, 8.4, 8.5 (analogues; the opinion notes New York's 8.5(b) differs)
Other opinions cited:
- N.Y. State 1089 (2016): a lawyer in a nonlegal business may identify as a lawyer but must avoid misleading the audience
- N.Y. State 105(a) (1969): a lawyer may list earned law degrees
- N.Y. City 1994-5 (1994): a lawyer may append "Esq." when not acting in a legal capacity
- N.Y. State 1027 (2014): analyzing Rule 8.5(b) line by line
See also
- NYSBA Ethics Op. 1260: Lawyer in a Nonlegal Position
- CA Op. 2004-167: Firm Trade Names and Government Titles
- NYSBA Ethics Op. 1252: Referral Fees for Nonlegal Work
Source
- Landing page: https://nysba.org/ethics-opinion-1264/
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