Can a law firm list a non-lawyer office administrator on its letterhead, and can that person have a firm business card?
Ohio BPC Opinion 89-016: Non-Lawyer Employees May Not Be Listed on Firm Letterhead
Short answer: The Board concluded that DR 2-102(A)(4) is an exhaustive list that does not allow non-lawyer employees on firm letterhead, so listing a non-lawyer office administrator there is prohibited, though such employees may carry firm business cards stating their title and non-lawyer status.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Ohio Board of Professional Conduct's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.
Currency note
The Board withdrew this opinion by Opinion 2012-2 on June 8, 2012. It was issued in 1989 under the former Ohio Code of Professional Responsibility, since superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. Treat this page as historical context, not current guidance.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 (the Rule 7.5 letterhead rules) before relying on any specific rule mentioned here.
Plain-English summary
A law firm asked whether it could list the name of a non-lawyer office administrator on its letterhead (isolated from the attorneys, with a title reflecting his administrative function) and whether the administrator could use a business card bearing the firm name with an appropriate title.
The Board noted that the ABA had recently permitted such a listing (ABA Informal Op. 1527 (1989)), but that opinion interpreted the Model Rules, which Ohio had not adopted. Under Ohio's DR 2-102(A)(4), the letterhead could include the firm name, the names of members and associates, and names and dates for deceased and retired partners. The Board read that list as exhaustive, so the rule on its face did not permit listing non-lawyers. It added that listing a non-lawyer employee may tend to mislead the public, a violation of DR 2-101(A). It therefore concluded that listing an office administrator on the letterhead would violate the Code.
On business cards, the Board concluded it was permissible for non-lawyer employees such as office managers, investigators, and legal assistants to have a firm business card (citing ABA Informal Ops. 1185 (1971) and 1367 (1976)); the card may include the firm's name, address, and phone number and should clearly designate the employee's title and indicate "non-lawyer."
Common questions
Q: Can a non-lawyer administrator's name go on the firm letterhead?
A: Under this opinion, no. The Board read DR 2-102(A)(4) as an exhaustive list that does not include non-lawyers, and found a listing could mislead the public under DR 2-101(A).
Q: Can a non-lawyer employee have a firm business card?
A: Yes. The opinion concluded non-lawyer employees may carry a firm business card that clearly states the employee's title and indicates "non-lawyer."
Background and rules framework
The opinion interprets the former Ohio Code of Professional Responsibility, DR 2-102(A)(4) (permitted letterhead content) and DR 2-101(A) (no misleading communications). It distinguishes ABA guidance issued under the Model Rules, which Ohio had not adopted.
Citations and references
Rules of Professional Responsibility (Ohio):
- Former Code of Professional Responsibility, DR 2-102(A)(4), permitted letterhead content
- Former Code of Professional Responsibility, DR 2-101(A), no misleading communications
Other opinions cited:
- ABA Informal Op. 1527 (1989) (Model Rules; distinguished)
- ABA Informal Op. 1185 (1971); ABA Informal Op. 1367 (1976)
See also
- Ohio BPC Opinion 1989-011: Non-Lawyer Employee Signing on Firm Letterhead
- 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
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-89-016.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 89-16
Issued June 16, 1989
Withdrawn by Adv. 2012-2
[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: Disciplinary Rule 2-102 (A) (4) does not provide for the listing of non-lawyer employees on a law firm's letterhead. In our view therefore, non-lawyer employees may not be listed on a law firm's letterhead. Office managers and other non-lawyer employees may have business cards designating their title and identifying them as employed by the firm.
OPINION: We have before us your request for an advisory opinion which asks the following two questions:
May a law firm list the name of a non-lawyer office administrator on its letterhead, provided that his name is isolated from those of the attorneys practicing in the firm, and an appropriate title reflecting his administrative function appears next to his name?
May a law firm permit a non-lawyer office administrator to use a business card bearing the firm name, provided an appropriate title reflecting his administrative function appears next to his name, and the business card is used primarily with individuals concerned with the firm's business operation?
In regard to having non-lawyers listed on a law firm's letterhead, the ABA recently issued an opinion which permits such a listing. ABA Committee on Ethics and Professional Responsibility, Informal Op. 1527 (1989). However, the ABA opinion interprets the Model Rules, which have not been adopted in Ohio.
Disciplinary Rule 2-102 (A) (4) of the Code of Professional Responsibility allows an attorney to include on his or her letterhead the name of the law firm, names of members and associates, and the names and dates relating to deceased and retired partners. In our view, the information which this rule specifically permits a lawyer to include on his or her letterhead is an exhaustive list. Hence, the rule, on its face, does not specifically permit the listing of non-lawyers.
Moreover, the listing of a non-lawyer employee may tend to mislead the public which is a violation of DR 2-101 (A). Therefore, we are of the opinion that listing an office administrator on a law firm's letterhead would be a violation of the Code of Professional Responsibility.
In regard to an office administrator having a business card, we believe that it is permissible for non-lawyer employees, such as office managers, investigators and legal assistants, to have a business card. ABA Committee on Ethics and Professional Responsibility Informal Op. 1185 (1971); Informal Op. 1367 (1976). The business card may include the name, address and phone number of the firm and should clearly designate the title of the non-lawyer employee and indicate "non-lawyer."
In conclusion, it is our opinion and you are so advised that a non-lawyer employee may not be listed on a law firm's letterhead. A non-lawyer employee may have a business card which includes the firm's name and the employee's title.
This is an informal, non-binding advisory opinion, based upon the facts presented and limited to questions arising under the Code of Professional Responsibility.