WISBAR 1988

Can a Wisconsin lawyer who works full-time for an accounting firm list their J.D. and LL.M. degrees on the accounting firm's business card?

Short answer: The opinion concluded yes, a Wisconsin-licensed lawyer employed full-time by an accounting firm may indicate J.D. and LL.M. degrees on a business card, withdrawing the committee's earlier Formal Opinion E-80-5. The conclusion rests on the assumptions that the lawyer will not engage in the practice of law and will ensure the accounting firm's clients understand they are not receiving legal advice or assistance.

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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1988
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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

Opinion E-88-1 asked whether a lawyer licensed to practice law in Wisconsin who is employed full-time in Wisconsin by an accounting firm may indicate on his or her business card that he or she holds J.D. and LL.M. degrees. The committee answered yes. In doing so, it withdrew its earlier Formal Opinion E-80-5, expressly on the assumption that lawyers so advertising will not engage in the practice of law and that they will ensure their accounting firms' clients understand they are not providing legal advice or assistance. The committee cited SCR 20:5.4, 20:5.5, 20:7.1(a), and 20:7.5(a) as the governing standards.

Currency note

This opinion was issued in 1988, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update). The professional-independence rule SCR 20:5.4, the unauthorized-practice rule SCR 20:5.5, and the advertising and firm-communication rules SCR 20:7.1 and 20:7.5 were later revised. 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: Can a lawyer at an accounting firm put J.D. and LL.M. on the firm's business card?

A: Per the opinion, yes, on the assumptions that the lawyer will not practice law and will make clear to the accounting firm's clients that they are not receiving legal advice.

Q: Did this opinion change earlier guidance?

A: Yes. The committee expressly withdrew its earlier Formal Opinion E-80-5 in reaching this conclusion.

Q: What conditions did the committee attach?

A: The conclusion rests on the lawyer not engaging in the practice of law and ensuring the accounting firm's clients understand they are not being provided legal advice or assistance, under SCR 20:5.4, 5.5, 7.1(a), and 7.5(a).

Background and rules framework

The opinion interpreted SCR 20:5.4 / Model Rule 5.4 (professional independence) and SCR 20:5.5 / Model Rule 5.5 (unauthorized practice) together with the communication and firm-name rules SCR 20:7.1(a) and 20:7.5(a) / Model Rules 7.1 and 7.5, as applied to a lawyer working in a nonlegal (accounting) business.

Citations and references

Rules of Professional Conduct:

  • Wis. SCR 20:5.4 / Model Rule 5.4 (professional independence)
  • Wis. SCR 20:5.5 / Model Rule 5.5 (unauthorized practice)
  • Wis. SCR 20:7.1(a), 20:7.5(a) / Model Rules 7.1, 7.5 (communications; firm names and letterhead)

Other opinions cited:

  • Wisconsin Formal Op. E-80-5 (withdrawn by this opinion)

See also

Source

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