Can a lawyer list a paralegal as a 'Certified Legal Assistant' on letterhead when a private association issued the certification?

Plain-English summary

A lawyer asked whether a legal assistant certified by the National Association of Legal Assistants (NALA) could be identified as a "Certified Legal Assistant" on letterhead and other materials. The committee analyzed the question under DR 2-101(A) (no false, deceptive, or misleading communications) and DR 2-101(D) (information appropriate for letterhead).

The committee noted it had previously allowed lawyers to list non-lawyer employees, including paralegals and their services, where doing so is not deceptive and may supply information relevant to selecting counsel (N.Y. State 500, N.Y. State 640, N.Y. County 673). It distinguished N.Y. State 640, which had found a paralegal's "Public Benefits Specialist" title misleading because New York had no authority to certify specialists; the present question involved "Certified Legal Assistant," a certification rather than a specialization claim.

Drawing on Peel v. Attorney Registration and Disciplinary Commission, 496 U.S. 91 (1990), where the Supreme Court treated a certifying body's objectively clear standards as not misleading, the committee concluded a lawyer may use the "Certified Legal Assistant" title provided two conditions are met: the materials state that the certification is afforded by NALA, and the lawyer has satisfied himself or herself that NALA is a bona fide organization that certifies all who meet objective and consistently applied standards relevant to legal-assistant work. With those conditions, the use is not misleading and does not violate DR 2-101(A) or DR 1-104(A)(2). The committee noted that under DR 1-104(A)(2) the lawyer-employer is responsible for how a legal assistant is held out to the public.

Currency note

This opinion was issued in 1997, under New York's former Code of Professional Responsibility, which New York replaced with the Rules of Professional Conduct in 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer call a paralegal a "Certified Legal Assistant" on letterhead?

A: The opinion concluded yes, if the materials disclose that NALA issued the certification and the lawyer has confirmed NALA certifies everyone who meets objective, consistently applied standards.

Q: Why was this allowed when calling a paralegal a "specialist" was not?

A: The opinion distinguished N.Y. State 640: a "specialist" claim was misleading because New York had no authority to certify specialists, whereas "Certified Legal Assistant" reflects an actual certification by a named bona fide body.

Q: Who is responsible if the title misleads the public?

A: The opinion noted DR 1-104(A)(2) makes the lawyer-employer responsible for how a legal assistant is held out to the public.

Background and rules framework

The opinion interpreted DR 2-101 (advertising and communications), DR 2-105(B) (use of "specialist" by lawyers), and DR 1-104(A)(2) (lawyer responsibility for non-lawyer employees) of New York's former Code of Professional Responsibility. The Model Rule analogues are Rule 7.1 (communications about a lawyer's services), Rule 7.4 (communication of fields of practice and specialization), and Rule 5.3 (responsibilities regarding non-lawyer assistance). New York replaced the Code with the Rules of Professional Conduct in 2009; the DR numbers cited here are historical.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.4 (communication of fields of practice; specialization)
• MR 5.3 (responsibilities regarding non-lawyer assistants)
• NY DR 2-101; DR 2-105(B); DR 1-104(A)(2)

Cases:

• Peel v. Attorney Registration and Disciplinary Commission, 496 U.S. 91 (1990), advertising certification as a specialist

Other opinions cited:

• N.Y. State 500 (1978): listing non-lawyer employees on letterhead
• N.Y. State 640 (1992): paralegal "specialist" title found misleading
• N.Y. County 673 (1989): paralegal business cards

See also

• NY State Bar Op. 709: Running a trademark practice over the Internet
• NY State Bar Op. 722: Referring to a professional certification on letterhead

Source

• Landing page: https://nysba.org/opinion-695/