Ezel / Ethics Opinions / NYSBA
NYSBA November 2, 2012

Can a law firm's non-attorney employee put a J.D. degree or the title 'Legal Project Manager' on a firm business card?

Short answer: Only if the card makes clear the employee is not admitted to practice law. Listing a J.D. or a title like 'Legal Project Manager' may imply the person is a lawyer, so the card must expressly disclose that the employee is not admitted.

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This page answers the general question as of 2012. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2012
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A New York firm employs a law school graduate who is not admitted to practice anywhere and works as an "account/project manager" and client liaison. The firm wants her business card to read, in effect, "[Name], J.D., M.I.P., Legal Project Manager" (the M.I.P. being a master's degree in intellectual property law). The committee concludes the card may carry this degree and title information only if it expressly discloses that the employee is not admitted to practice law.

The committee starts from N.Y. State 640 (1992), which held that a lawyer is responsible for ensuring a non-attorney employee's business card meets the same standards as lawyer advertising, and notes the current Rules support the same conclusion, with Rule 5.3 placing supervisory responsibility on both individual lawyers and the firm. The paramount concern of the advertising rules is the bar on statements that are false, deceptive, or misleading (Rule 7.1(a)(1)), and Rule 8.4(c) more broadly prohibits conduct involving dishonesty or deceit. Applying N.Y. State 640, the committee recalls that "Senior Paralegal" was approved as unambiguous while "Paralegal Coordinator" was rejected as potentially suggesting an attorney, absent a clarifying disclosure.

The committee also relies on N.Y. State 704 (1997), which held that listing a lawyer admitted only elsewhere on a New York firm's letterhead requires disclosing the jurisdictional limitation, because a principal New York address implies admission in New York. Reasoning by analogy, the committee concludes that listing "J.D." next to an employee's name, or using "Legal Project Manager," may imply the employee is an attorney; so the degree and title may appear on a card (or its digital equivalent, such as a vCard) only if the card expressly discloses that the individual is not admitted to practice law.

In practice

The opinion holds that, under the New York rules as they stood in 2012, a non-attorney employee's firm business card may carry a J.D. (or similar legal degree) and a title like "Legal Project Manager" only with an express disclosure that the employee is not admitted to practice law. The committee identifies the controlling factor as the potential to mislead the public into thinking the employee is a lawyer; the supervising lawyer and the firm are both responsible under Rule 5.3 for the card's content.

Common questions

Q: Can a paralegal or law graduate list "J.D." on a law firm business card?

A: Only with a disclosure. Per paragraphs 7 and 8, listing "J.D." may imply the person is an attorney, so the card must expressly state that the employee is not admitted to practice law.

Q: Is "Legal Project Manager" an acceptable title for non-attorney staff?

A: Yes, if clarified. Per paragraph 7, the title (like "Paralegal Coordinator") could suggest the person practices law, so it is permissible only if the card discloses the employee is not admitted.

Q: Who is responsible for what the card says?

A: The supervising lawyer and the firm. Per paragraph 3, Rule 5.3 makes both responsible for ensuring a non-attorney's card meets the standards applicable to lawyer advertising.

Background and rules framework

The opinion interprets New York Rule 7.1(a)(1) (Model Rule 7.1, the bar on false, deceptive, or misleading communications), Rule 8.4(c) (Model Rule 8.4, conduct involving dishonesty or deceit), and Rule 5.3 (Model Rule 5.3, a lawyer's and firm's responsibility to supervise nonlawyer employees). It applies the anti-deception principle of N.Y. State 640 and the jurisdictional-disclosure principle of N.Y. State 704.

Citations and references

Rules of Professional Conduct:

  • MR 7.1 / NY Rule 7.1(a)(1) (false, deceptive, or misleading communications)
  • MR 8.4 / NY Rule 8.4(c) (dishonesty or deceit)
  • MR 5.3 / NY Rule 5.3(a), (b) (supervising nonlawyer employees)

Other opinions cited:

  • N.Y. State 640 (1992): non-attorney business cards must meet lawyer-advertising standards; "Senior Paralegal" approved, "Paralegal Coordinator" rejected absent clarification.
  • N.Y. State 704 (1997): a lawyer admitted only elsewhere listed on a New York firm's letterhead must disclose the jurisdictional limitation.

See also

Source

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