Can a law firm put a title like 'international trade consultant' on a nonlawyer employee's business cards and letterhead?

Plain-English summary

The inquiry concerned the use of the title "international trade consultant" on business cards and letterhead to identify an individual employed by the firm. The committee was of the opinion that the use of such a term to identify a nonlawyer would not be improper.

The committee conditioned that conclusion on two points: that there is no unauthorized practice of law by the nonlawyer, which would cause the law firm to violate RPC 5.5(b), and that the title truthfully identified the person's capacity.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 5.5(b), addressing a lawyer's assistance to the unauthorized practice of law, corresponds to Model Rule 5.5 and was later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a firm give a nonlawyer employee a title like "international trade consultant" on cards and letterhead?

A: Per the opinion, yes. The committee was of the opinion that using such a term to identify a nonlawyer would not be improper, subject to two conditions.

Q: What are the conditions?

A: The committee was of the opinion that the nonlawyer must not engage in the unauthorized practice of law, which would cause the firm to violate RPC 5.5(b), and that the title must truthfully identify the person's capacity.

Q: What would make the arrangement improper?

A: The committee identified unauthorized practice of law by the nonlawyer (making the firm violate RPC 5.5(b)) and a title that does not truthfully identify the person's capacity as the two problems that would make the title improper.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 5.5(b), corresponding to Model Rule 5.5, which addresses a lawyer's assistance to the unauthorized practice of law. The committee made the conclusion turn on two factors it identified: whether the nonlawyer engages in the unauthorized practice of law and whether the title truthfully describes the person's capacity.

Citations and references

Rules of Professional Conduct:

• Washington RPC 5.5(b) (assisting the unauthorized practice of law), corresponding to Model Rule 5.5.

See also

• WSBA Ethics Op. 1151: putting "Ph.D." on letterhead, business cards, and ads
• ABA Formal Op. 506: responsibilities regarding nonlawyer assistants
• WSBA Ethics Op. 1157: a nonlawyer staff member signing trust-account checks

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=270

Original opinion text

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

Advisory Opinion: 1190
Year Issued: 1988
RPC(s): RPC 5.5(b)
Subject: Nonlawyer assistants; use of title "International trade consultant"

The Committee reviewed your inquiry concerning the use of the title "international trade consultant" on business cards and letterhead to identify an individual employed by your firm. The Committee was of the opinion that the use of such term to identify a nonlawyer would not be improper so long as there is no unauthorized practice of law by the nonlawyer, which would cause the law firm to violate RPC 5.5(b) and so long as the title truthfully identified the person's capacity.