Can a law firm's advertisement include a photo of the whole firm, including paralegals and other nonlawyer staff?

Plain-English summary

A firm asked whether its advertisement could feature a photograph of the entire firm, including nonlawyer staff such as paralegals and secretaries. The committee answers yes, subject to Rule 7.1(a)'s bar on false, deceptive, or misleading advertising. It treats a photograph as making "statements or claims" within Rule 7.1(a), so the question is whether including nonlawyers creates a misimpression about the firm's size, the ethnic or gender diversity of its personnel, or whether everyone pictured is a lawyer.

Drawing on its prior opinions that a nonlawyer's name may appear on letterhead or a business card only with disclosure of nonlawyer status (N.Y. State 500 (1978) and 640 (1992)), and on ABA Informal Op. 89-1527 and Connecticut Informal Op. 92-27, the committee holds that a firm photo including nonlegal staff is permissible if, in the context of the advertisement as a whole, it is not misleading. It suggests that one way to ensure this is a caption specifying each person's professional status or stating that the photo includes nonlegal staff. A footnote notes Alexander v. Cahill (2d Cir. 2010), which narrowed the fictitious-law-firm advertising restriction to situations where lawyers from different firms imply they are one firm.

In practice

Under the New York rule as it stood at the time of the opinion, a firm may run an advertisement with a group photo that includes paralegals and other nonlawyer staff, provided the advertisement as a whole does not mislead about the firm's size, its diversity, or who in the photo is a lawyer. The committee identifies a caption identifying each person's status (or noting that nonlegal staff appear) as one way to avoid a misleading impression; it does not require any single method, framing the test as the overall non-misleading character of the ad.

Common questions

Q: Can paralegals and secretaries appear in a law firm's advertising photo?

A: Yes. The opinion concludes a firm photo including nonlawyer staff is permitted under Rule 7.1 if the advertisement as a whole is not misleading about firm size, diversity, or whether those pictured are lawyers.

Q: How can the firm keep the photo from being misleading?

A: The opinion suggests a caption that specifies each person's professional status, or that states the photo includes nonlegal staff, as one way to ensure the ad is not misleading.

Background and rules framework

The opinion applies Rule 7.1(a), which bars advertising that is false, deceptive, or misleading or that violates a Rule, and treats a photograph as a claim subject to that standard. This corresponds to Model Rule 7.1. The analysis builds on New York opinions requiring disclosure of nonlawyer status on letterhead and cards, and on out-of-state authority reaching the same result for photographs.

Citations and references

Rules of Professional Conduct:

• New York Rule 7.1(a) (no false, deceptive, or misleading advertising); Model Rule 7.1

Cases:

• Alexander v. Cahill, 598 F.3d 79 (2d Cir. 2010), narrowing the fictitious-law-firm advertising restriction

Other opinions cited:

• N.Y. State 500 (1978) and 640 (1992): disclosure of nonlawyer status on letterhead and business cards
• ABA Informal Op. 89-1527; Connecticut Informal Op. 92-27

See also

• NY State Bar Op. 883: Attorney advertisement portraying a fictitious law firm
• NY State Bar Op. 877: Permissible information on a law firm website
• NY State Bar Op. 857: In-person distribution of firm announcements

Source

• Landing page: https://nysba.org/ethics-opinion-851/