What titles can a non-admitted law school graduate use, and can the title appear on business cards and letterhead?

Plain-English summary

The inquiry asked whether an employee who graduated from law school but was not admitted to practice could be designated a "law clerk," "legal assistant," "paralegal," or "legal intern." The committee was of the opinion that because the term "legal intern" is defined by Rule 9 of the Admission to Practice Rules, the employee could not be designated as such unless the employee complied with that rule.

The committee was further of the opinion that although the term "law clerk" has a specific meaning in the Admission to Practice Rules, it is not an exclusive meaning, and that "law clerk," as well as "paralegal" or "legal assistant," could be used to designate the employee provided the designation was neither misleading nor deceptive. The committee added that the employee could be given business cards to distribute to clients with his name and approved title, and that the firm's stationery could list his name provided his designation made it clear he was not a lawyer.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules and admission rules it relies on were later renumbered and amended. Treat this page as historical context, not current guidance.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 non-admitted law graduate be called a "legal intern"?

A: Only on conditions. The committee was of the opinion that because "legal intern" is defined by Rule 9 of the Admission to Practice Rules, the employee could not be designated as such unless the employee complied with that rule.

Q: Can the firm use "law clerk," "paralegal," or "legal assistant" instead?

A: Per the opinion, yes, provided the designation was neither misleading nor deceptive; the committee noted that "law clerk" has a specific but not exclusive meaning in the admission rules.

Q: Can the employee's name appear on business cards and stationery?

A: Per the opinion, yes. The committee was of the opinion that the employee could have business cards with his name and approved title, and that stationery could list his name provided the designation made clear he was not a lawyer.

Background and rules framework

The opinion turns on whether a title for a non-admitted law school graduate is misleading or deceptive, and on the defined meaning of "legal intern" under Washington Admission to Practice Rule (APR) 9. The committee allowed non-exclusive titles ("law clerk," "paralegal," "legal assistant") so long as the designation did not mislead, and required any business card or stationery listing to make clear the person was not a lawyer.

Citations and references

Court rules:

• Washington Admission to Practice Rule (APR) 9 (legal interns).

See also

• WSBA Ethics Op. 907: listing non-lawyers on office signs and letterhead
• WSBA Ethics Op. 1054: advertising legal services by Rule 9 interns
• WSBA Ethics Op. 899: renting space to a non-lawyer and the unauthorized practice of law

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=176

Original opinion text

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

Advisory Opinion: 1065
Year Issued: 1987
RPC(s):
Subject: Use of terms "law clerk", "legal assistant", "paralegal" or "legal intern" for law school graduate not admitted to practice

You have inquired whether you could designate an employee as a "law clerk," "legal assistant," "paralegal," or "legal intern" [to describe employee who graduated from law school but is not admitted to practice law]. The Committee was of the opinion that because the term "legal intern" is defined by Rule 9 of the Admission to Practice Rules, you could not designate your employee as such unless the employee complied with that rule. The Committee was further of the opinion that although the term "law clerk" does have a specific meaning in the Admission to Practice Rules, it is not an exclusive meaning, and that that term, as well as "paralegal" or "legal assistant" could be used to designate the employee providing that such designation was neither misleading nor deceptive. The Committee was further of the opinion that you could provide your employee with business cards to distribute to clients with his name and approved title, and that your stationery could list his name provided that his designation made it clear that he was not a lawyer.