Ezel / Ethics Opinions / SBAND

Could a law firm list legal assistants and their certification on its letterhead?

Short answer Yes. The committee saw no professional-conduct bar to listing legal assistants or their certification, provided the letterhead clearly identified them as legal assistants and distinguished them from lawyers.
Bar
SBAND
Issued
November 28, 1990
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1990. Ask about yours and see what the current North Dakota Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under North Dakota Rule for Lawyer Discipline 1.2(B), a lawyer who acts in good faith and in reasonable reliance on a written opinion of the association's ethics committee is not subject to sanction for the conduct the opinion addresses. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A firm asked whether it could list certified legal assistants on its letterhead. The committee said the professional-conduct code did not preclude listing legal assistants.

The committee required that each person’s status as a legal assistant be clear and that the letterhead clearly distinguish lawyers from nonlawyers. It also saw no problem with stating that an assistant was certified.

Currency note

This opinion was issued in 1990, before North Dakota's 2006 revisions to its Rules of Professional Conduct. The later North Dakota Opinion 06-05 states: “On August 1, 2006, material changes to N.D.R. Prof. Conduct 1.10(a) will take effect.” 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Could the firm list legal assistants on letterhead?

A: Yes, if their status as legal assistants was clearly shown.

Q: Could it mention certification?

A: Yes. The committee saw no problem with listing certification, while requiring a clear distinction between lawyers and nonlawyers.

Background and rules framework

The committee did not cite a numbered rule. Its answer rested on clear identification of legal assistants and separation of lawyers from nonlawyers on the letterhead.

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

What do the rules say today, for your facts?

This opinion is from 1990. Ezel checks the current North Dakota Rules of Professional Conduct against your situation and cites the rules it relies on.

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