Can a lawyer put a paralegal's name, address, and phone number on the firm's business cards and letterhead?

Plain-English summary

The committee answered whether a lawyer may allow business cards and letterhead bearing a paralegal's name, address, and phone number with a qualified yes. The opinion's stated purpose was to bring two earlier opinions, KBA E-142 (1976) and KBA E-191 (1978), into conformity with the Supreme Court's rules for the use of paralegals in SCR 3.700, effective January 1, 1980.

The committee emphasized that the qualification on its answer is only as to compliance with the Supreme Court Rule. It added that KBA E-142 and KBA E-191 remain applicable as to the other areas those opinions covered.

Currency note

This opinion was issued in 1980 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. It turns on SCR 3.700 as adopted effective January 1, 1980, which has since been amended. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a paralegal's name appear on the firm's letterhead and business cards?

A: Qualified yes, under this opinion, so long as the use complies with the Supreme Court's paralegal rule, SCR 3.700.

Q: What did this opinion change?

A: It brought KBA E-142 (1976) and KBA E-191 (1978) into conformity with SCR 3.700, effective January 1, 1980; the committee said those opinions otherwise remain applicable.

Background and rules framework

The opinion ties the use of a paralegal's name on lawyer materials to SCR 3.700, the Supreme Court's rule governing paralegals, and to the firm's earlier letterhead opinions. The modern analogs are Model Rule 5.3 (responsibilities regarding nonlawyer assistants) and Model Rule 7.5 (firm names and letterheads, as it stood).

Citations and references

Rules of Professional Conduct:

• SCR 3.700 (use of paralegals); modern analogs Model Rule 5.3 and Model Rule 7.5

Other opinions cited:

• KBA E-142 (1976), E-191 (1978) (earlier letterhead and paralegal guidance)

See also

• KBA Ethics Op. E-219: Law-Clinic Trade Names
• KBA Ethics Op. E-224: Advertising a General Practice

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-223.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-223
Issued: January 1980

This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), especially Rules 7.01-7.50 and the Attorneys’ Advertising Commission Regulations, before relying on this opinion.

Question:

May a lawyer allow the use of business cards and letterhead with the names, addresses, and phone numbers of a paralegal?

Answer:

Qualified Yes.

References:

Opinion KBA E-142, E-191; SCR 3.700
OPINION

The purpose of this opinion is to bring Opinion KBA E-142 (1976) and KBA E-l91 (1978) into conformity with the Supreme Court Rules for the use of paralegals stated in SCR 3.700 effective January 1, 1980.
It should be emphasized that the qualifications expressed above are only qualified as to compliance with the Supreme Court Rule.
It should also be stated that Opinion KBA E-142 and KBA E-191 are still applicable as to the other areas covered in those opinions.

Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.