I have retired and am on inactive status but still belong to the state bar association. May my letterhead say 'Attorney at Law (Retired),' 'Member of the Rhode Island Bar Association,' and list my academic degrees, and can I use 'J.D.' instead of the 'LL.B.' I earned?

Plain-English summary

The inquiring attorney had recently retired from the practice of law and been placed on "inactive" status by the Rhode Island Supreme Court, while remaining a member of the Rhode Island Bar Association. The attorney asked (1) whether he or she could use letterhead containing designations such as "Attorney at Law (Retired)," "Member of the Rhode Island Bar Association," or academic degrees, and (2) whether he or she could use "J.D." or "Juris Doctor" instead of the "LL.B." earned in 1956.

The Panel concluded the attorney may use "Attorney at Law (Retired)" and may indicate applicable academic degrees on the letterhead, but should not use "Member of the Rhode Island Bar Association" because it is misleading. The Panel added that it was without authority to decide whether "LL.B." and "J.D." are interchangeable and referred that question to the conferring academic institution.

The Panel grounded its analysis in Rule 7.1 ("Communications Concerning a Lawyer's Services"), which bars false or misleading communications, and Rule 7.5 ("Firm Names and Letterheads"), which bars a firm name, letterhead, or professional designation that violates Rule 7.1. It reasoned that including "Retired" in the title "Attorney at Law" or "Esquire" avoids any implication of continued practice and clearly indicates the attorney is no longer authorized to practice, and that academic degrees may appear because they reflect earned degrees rather than professional standing. By contrast, "Member of the Rhode Island Bar Association," though truthful, could mislead a lay person because such membership implies eligibility to practice law.

Currency note

This opinion was issued in 1996 (Opinion 96-24, issued September 12, 1996), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 7.1 and 7.5 as they stood at the time. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Can a retired lawyer still call themselves "Attorney at Law" on letterhead?

A: Yes, with the qualifier. The Panel said including "Retired," as in "Attorney at Law (Retired)," is permissible because it avoids implying continued practice and shows the lawyer is no longer authorized to practice.

Q: Why can't a retired lawyer note bar association membership?

A: The Panel found that "Member of the Rhode Island Bar Association," though truthful, could mislead a lay person because it implies eligibility to practice law.

Q: Can the lawyer list a J.D. instead of the LL.B. actually earned?

A: The Panel declined to decide. It said it was without authority to determine whether "LL.B." and "J.D." are interchangeable and referred that question to the conferring academic institution.

Background and rules framework

The opinion interprets Rhode Island Rules of Professional Conduct 7.1 (communications concerning a lawyer's services) and 7.5 (firm names and letterheads), the analogs of Model Rules 7.1 and 7.5. The Panel measured each proposed designation against Rule 7.1's misleading-communication standard, which Rule 7.5 incorporates for letterheads.

Citations and references

Rules of Professional Conduct:

• MR 7.1 / RI RPC 7.1 (communications concerning a lawyer's services; false or misleading)
• MR 7.5 / RI RPC 7.5 (firm names and letterheads)

See also

• RI EAP Opinion 96-16: listing non-lawyers on firm letterhead is misleading under Rule 7.5
• RI EAP Opinion 94-65: taking an of-counsel lawyer's name off the firm name under Rule 7.5

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2096-24.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS ADVISORY PANEL
OPINION # 96-24, - REQUEST # 680
ISSUED - SEPTEMBER 12, 1996

FACTS:

The inquiring attorney recently retired from the practice of law and has been placed on "inactive" status by the Rhode Island Supreme Court. He/she is still a member of the Rhode Island Bar Association.

ISSUES PRESENTED:

The inquiring attorney asks (1) whether he/she may use letterhead that contains designations such as "Attorney at Law (Retired)," "Member of the Rhode Island Bar Association," or his/her academic degrees; and (2) whether he/she may use the designation "J.D." or "Juris Doctor" instead of "LL.B." which he/she earned in 1956.

OPINION:

The inquiring attorney may use the designations "Attorney at Law (Retired)" and may indicate the applicable academic degrees on his/her letterhead. However, the designation "Member of the Rhode Island Bar Association" should not be used on the letterhead as it is misleading. The Panel is without authority to decide whether "LL.B." and "J.D." are interchangeable, and refers the attorney to the conferring academic institution regarding that question.

REASONING:

Rules 7.1 and 7.5 govern this inquiry. Rule 7.1 entitled "Communications Concerning a Lawyer's Services" states in pertinent part:

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

Rule 7.5 entitled "Firm Names and Letterheads" states:

(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1 ....

A lawyer's letterhead must not be false or misleading. The Panel takes the position that as long as the notation "Retired" is included in the title "Attorney at Law" or "Esquire," a retired attorney may continue to use the professional designation. Use of the word "retired" will serve to avoid any implication of the attorney's continued law practice. It clearly indicates the attorney's status and indicates that the attorney is no longer authorized to practice law. The Panel also takes the position that the inquiring attorney may include academic degrees on his/her letterhead, as they reflect earned academic degrees and not professional standing. The Panel is without authority, however, to advise the inquiring attorney whether "LL.B." and "J.D." may be used interchangeably, and refers the inquiring attorney to the conferring academic institution for a resolution of that question.

On the other hand, the designation "Member of the Rhode Island Bar Association," even though truthful, could be misleading to a lay person, as membership in the bar association implies that the lawyer is eligible to practice law.