Can a paralegal or legal assistant sign letters on the law firm's letterhead under their own name?

Currency note

This opinion was issued in 1989 under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. Treat this page as historical context, not current guidance. Verify against the current Ohio Rules of Professional Conduct before relying on any specific rule mentioned here.

Plain-English summary

The inquiry asked whether an attorney's legal assistant could sign letters using her own name on the attorney's letterhead if she designated herself as a legal assistant.

The Board concluded that a legal assistant employee of a law firm may sign letters using the employer's firm letterhead, provided she is sufficiently identified as a legal assistant so as not to mislead the recipient of the correspondence, citing ABA Informal Opinion 1367 (1976). It restated the conclusion that a legal assistant may sign correspondence on the letterhead of the employer's firm stationery, and emphasized that the legal assistant should be clearly identified so as not to give the impression that the person is admitted to the practice of law.

Common questions

Q: Can a paralegal sign firm correspondence under their own name?

A: Under this opinion, yes. The Board concluded a legal assistant may sign letters on the employer firm's letterhead, provided the signature identifies the person as a legal assistant.

Q: What did the signature have to make clear?

A: The opinion required the legal assistant to be clearly identified so as not to mislead the recipient or give the impression that the person is admitted to the practice of law.

Background and rules framework

The opinion addresses the use of firm letterhead by a non-lawyer employee under the former Ohio Code of Professional Responsibility, drawing on ABA guidance that a non-lawyer signing firm correspondence must be identified so the recipient is not misled into thinking the person is a lawyer.

Citations and references

Rules of Professional Responsibility (Ohio):

• Former Ohio Code of Professional Responsibility (non-lawyer assistants and letterhead; no specific DR cited in the opinion)

Other opinions cited:

• ABA Committee on Ethics and Professional Responsibility, Informal Op. 1367 (1976): non-lawyer identifying capacity on firm letterhead

See also

• Ohio BPC Opinion 1988-023: 'Of Counsel' and Dual-Profession Letterhead
• Ohio BPC Opinion 1988-019: Firm Name When the Partnership Is Not in Fact
• Ohio BPC Opinion 1988-035: Delinquent Registration Is Not Unauthorized Practice

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-89-011.pdf

Original opinion text

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

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 89-11
Issued April 14, 1989

[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]

SYLLABUS: Non-lawyer employees of a law firm may use the firm's letterhead as long as under their signature they indicate their capacity with clarity including indicating that they are not licensed to practice law.

OPINION: We have before us your request for an advisory opinion on whether an attorney's legal assistant may sign letters using her own name on the attorney's letterhead if she designates herself as a legal assistant.

A legal assistant employee of a law firm may sign letters using her employer's law firm letterhead, provided that she is sufficiently identified as a legal assistant so as not to mislead the receiver of the correspondence. ABA Committee on Ethics and Professional Responsibility, Informal Op. 1367 (1976).

In conclusion, it is our opinion and you are so advised that a legal assistant may sign correspondence on the letterhead of her employer's law firm stationary. Again, the legal assistant should be clearly identified so as not to give the impression that the person is admitted to the practice of law.

This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Professional Responsibility.