TX 1981

Can a Texas lawyer or law firm let its name appear on the business card of a legal assistant or paralegal it employs?

Short answer: The Committee concluded that a legal assistant may carry a business card showing the firm name as long as the legal assistant's status is clearly disclosed, the card identifies who employs the assistant, and the lawyer-employer approves the card's form and substance to the same standards of dignity and accuracy as the lawyer's own card.

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This page answers the general question as of 1981. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.

Disclaimer: Advisory only. Not binding precedent.

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

The inquiry asked whether a Texas attorney or law firm may allow its name to appear on the business card of a legal assistant (paralegal) it employs. The Committee answered that it may, subject to conditions.

The Committee explained that a legal assistant may have a business card with the firm name on it provided the status of the legal assistant is clearly disclosed, because the card is meant to identify the legal assistant and to state by whom the assistant is employed. It added that the card must be approved, in form and substance, by the lawyer-employer.

The Committee placed responsibility on the lawyer: a lawyer who permits his name or the firm's name to appear on a legal assistant's card must ensure that the card meets the same standards of dignity and accuracy that would be required for the lawyer's own card.

Currency note

This opinion was issued in 1981, under the former Texas Code of Professional Responsibility, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The Disciplinary Rules have since been amended, and Texas never adopted the ABA's Ethics 2000 framework. The closest current provisions are Texas Rule 5.03 (responsibilities regarding non-lawyer assistants) and Rule 7.01 (firm names and letterhead), with ABA analogs Model Rules 5.3 and 7.1. Subsequent rule changes 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 Treat this page as historical context, not current guidance.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: Can a Texas paralegal's business card show the law firm's name?

A: Per the opinion, yes, provided the legal assistant's status is clearly disclosed and the card identifies who employs the assistant.

Q: Who is responsible for the content of the assistant's card?

A: The lawyer-employer. The Committee said the card must be approved in form and substance by the lawyer, who must ensure it meets the same standards of dignity and accuracy as the lawyer's own card.

Background and rules framework

The opinion addresses how a non-lawyer employee's business card may identify the employing lawyer or firm, requiring clear disclosure of the assistant's status and lawyer approval of the card. It does not cite a Disciplinary Rule by number. The closest current provisions are Texas Rule 5.03 and Rule 7.01, with ABA analogs Model Rules 5.3 and 7.1. The analysis turns on disclosing the assistant's status and keeping the card from misleading the public.

Citations and references

Rules of Professional Conduct:

MR 5.3 (responsibilities regarding non-lawyer assistance); MR 7.1 (communications about a lawyer's services), as the modern analogs; the opinion itself does not cite a numbered rule

Source

Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-403/
Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_403.pdf

Original opinion text

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

QUESTION PRESENTED

The following question has been submitted to the Professional Ethics Committee:

Is it proper for an attorney, licensed to practice law in Texas, or a Texas law firm, to allow the attorney's or law firm's name to be included on the business card of a legal assistant (paralegal) employed by such attorney, or law firm?"

DISCUSSION

A legal assistant may have a business card with the firm name appearing on it, provided the status of the legal assistant is clearly disclosed. The business card is designed to identify the legal assistant and to state by whom the legal assistant is employed. The business card of a legal assistant shall be approved, in form and substance, by the lawyer-employer.

A lawyer who permits his or her name or the name of a law firm to appear on the business card of a legal assistant is charged with the responsibility of ensuring that the card meets the same standards of dignity and accuracy as would be required for the lawyer's own card.

Tex. Comm. On Professional Ethics, Op. 403 (1981)

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