Can a lawyer list nonlawyer staff, such as an office manager or legal assistant, by name and title on the firm's letterhead?
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This page answers the general question as of 2015. Ezel answers yours: whether it's allowed on your facts, under the current Oregon Rules of Professional Conduct, with citations.
Plain-English summary
A lawyer proposes to list nonlawyer personnel, along with the positions they hold, on the firm's letterhead, using examples like "June Doe, Office Manager" and "John Doe, Legal Assistant." The opinion asks whether the lawyer may do so.
The opinion answers yes, qualified. It applies Oregon RPC 7.5(a), which bars a lawyer from using a firm name, letterhead, or other professional designation that violates RPC 7.1, and RPC 7.1(a), which bars false or misleading communications about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact needed to keep the statement as a whole from being materially misleading.
The opinion concludes that as long as the proposed listings do not involve false or misleading communications, they are permissible. Listing nonlawyer staff with their actual titles is allowed; the constraint is that the presentation must not mislead, such as by implying the listed staff are lawyers.
In practice
The opinion holds that, under Oregon RPC 7.5(a) and RPC 7.1(a) as they stood at the time of the opinion, a lawyer may include nonlawyer personnel and their positions on firm letterhead, provided the listing is not false or misleading. Per the opinion, the analysis turns on whether the listing materially misrepresents or omits a fact that makes the whole misleading. Verify the current text of Oregon RPC 7.1 and RPC 7.5 before relying on any specific point.
Common questions
Q: Can I put my office manager and paralegal on the firm letterhead?
A: Yes, qualified. The opinion concludes a lawyer may list nonlawyer personnel and their titles on letterhead as long as the listing is not false or misleading.
Q: What would make such a listing improper?
A: A listing that is false or misleading under RPC 7.1(a), for example one that materially misrepresents the staff's roles or omits something that leaves the overall impression misleading (such as suggesting a nonlawyer is a lawyer).
Q: Do I need to label that the person is not a lawyer?
A: The opinion does not impose a specific labeling formula; it requires only that the listing not be false or misleading. Including the person's actual position (office manager, legal assistant) is the example the opinion treats as permissible.
Background and rules framework
The opinion interprets Oregon RPC 7.5(a) (firm names and letterhead) and RPC 7.1(a) (communications about a lawyer's services), corresponding to Model Rules 7.5 and 7.1. RPC 7.5(a) ties letterhead to the false-or-misleading standard of RPC 7.1, so the letterhead question collapses into whether the listing is misleading.
Citations and references
Rules of Professional Conduct:
- Oregon RPC 7.5(a) / Model Rule 7.5 (firm names and letterheads)
- Oregon RPC 7.1(a) / Model Rule 7.1 (communications concerning a lawyer's services)
See also
- OSB Ethics Op. 2005-31: Improper Use of Titles
- OSB Ethics Op. 2005-12: Firm Names and Office Sharing
Source
- Landing page: https://www.osbar.org/ethics/toc.html
- Original PDF: https://www.osbar.org/_docs/ethics/2005-65.pdf
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