Can a paralegal or legal assistant carry a business card showing the law firm's name?

Plain-English summary

The inquiry asked whether a legal assistant or paralegal could have a business card with the law firm's name on it.

The committee concluded that a legal assistant may carry a firm business card so long as the card is not false or misleading. It noted that no specific section of the Rules governs nonlawyers' business cards, and reasoned by analogy from Rule 7.5, which governs firm letterhead and provides in Rule 7.5(a) that a lawyer shall not use a letterhead that violates Rule 7.1. Rule 7.1 in turn bars a false or misleading communication about the lawyer or the lawyer's services, defining a communication as false or misleading if it contains a material misrepresentation or omits a fact necessary to keep the whole from being misleading. Because a business card, like a letterhead, is a communication conveying information about the firm and its personnel, the committee held the letterhead rules applied to it. It relied on ABA Informal Opinion 89-1527, which concluded that a firm may list nonlawyer personnel on business cards and similar materials provided the designation is not likely to mislead anyone into thinking the nonlawyers are lawyers or control lawyers in the firm. So long as the card clearly states the paralegal's nonlawyer status, use of a card showing the firm's name, address, and telephone number was acceptable.

Currency note

This opinion was issued in 1990, before the South Carolina Bar's adoption of the 2005 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Could a paralegal carry a business card with the firm's name?

A: The committee said yes, so long as the card was not false or misleading and clearly showed the paralegal's nonlawyer status.

Q: Which rules did the committee apply, given none specifically covers nonlawyer cards?

A: The committee reasoned by analogy from Rule 7.5 (firm letterhead) and Rule 7.1 (false or misleading communications), treating a business card as a communication like a letterhead.

Q: What did the card need to make clear?

A: That the holder is a nonlawyer. The committee, citing ABA Informal Op. 89-1527, said the designation must not be likely to mislead anyone into thinking the paralegal is a lawyer or controls lawyers in the firm.

Background and rules framework

The opinion applied Rule 7.1 (communications about a lawyer's services) and Rule 7.5(a) (firm letterhead), corresponding to Model Rules 7.1 and 7.5, extending the letterhead standard to nonlawyer business cards by analogy and aligning with ABA Informal Op. 89-1527.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.1 / Model Rule 7.1: a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services.
• South Carolina RPC 7.5(a) / Model Rule 7.5: a lawyer shall not use a firm name or letterhead that violates Rule 7.1.

Other opinions cited:

• ABA Informal Opinion 89-1527: a firm may list nonlawyer personnel on business cards if not likely to mislead.

See also

• SC Bar Ethics Op. 90-25: Identifying a Law Graduate's Status
• SC Bar Ethics Op. 90-17: Advising a Client to Contact an Adverse Party

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-90-23/

Original opinion text

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

UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.

Ethics Advisory Opinion 90-23

Can a legal assistant or paralegal have a business card with the name of the law firm placed on the card?

Summary:
As long as the business card is not false or misleading, a legal assistant may have a business card with the name of the law firm placed on the card.

Opinion:
No specific section in the Rules of Professional Conduct governs the use of business cards by non-lawyers, such as paralegals. Rule 7.5 governs the information which may be included on a firm's letterhead. Rule 7.5(a) provides, in pertinent part, that "a lawyer shall not use a letterhead...that violates Rule 7.1." Rule 7.1 states in part: "A lawyer shall not make a false or misleading communication about the lawyer or lawyer's services." Rule 7.1(a) defines a communication as false or misleading if it "contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading." Like a letterhead, a business card is a communication utilized to convey information about a law firm and its personnel. Thus, the rules which apply to firm letterhead would apply to business cards. Therefore, the use of a business card by a paralegal would be allowed so long as the card is not false or misleading.

The American Bar Association, in Informal Opinion 89-1527, commented on the identical issue. There, the ABA concluded that a law firm "may list non-lawyer personnel on business cards, written advertisements and the like, provided the designation is not likely to mislead those who see it into thinking that the non-lawyers who are listed are lawyers or exercise control over lawyers in the firm." So long as the business card clearly states the paralegal's status as a non-lawyer, the use of a business card with the name, address and telephone number of the law firm is acceptable.