Can a lawyer with a J.D. degree use the title 'Doctor' on business cards and letterhead?

Plain-English summary

The committee was asked whether an attorney holding a Juris Doctor degree could use "Doctor" or the abbreviation "Dr." as a prefix to his name on legal cards, letterheads, and similar materials. The committee answered no, while noting that the use of the earned degree following the name (the initials "JD") on personal stationery or a card was permissible.

The committee described its conclusion as an informal opinion, but reported that the question had been discussed with the Board of Governors, which was unanimously of the view that, even though the Code of Professional Responsibility had been adopted in the state, use of the word "Doctor" preceding the name (or its abbreviation) would be considered unethical conduct and handled as such, while the initials "JD" following the name would be permitted.

The committee offered a rationale grounded in the customs and professional practices of the profession: over many years, use of the word "Doctor," "Juris Doctor," or words of like import had come to approach advertising or solicitation, in that it reflected a professional qualification higher than that possessed by others equally qualified. The committee also referenced ABA Formal Opinion 321 on the impropriety of such usage.

Currency note

This opinion was issued in 1971 under the former Code of Professional Responsibility, 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. Lawyer advertising and letterhead designations are now governed by Model Rules 7.1 and 7.5 (Kentucky SCR 3.130(7.1) and (7.5)) and the Kentucky Attorneys' Advertising Commission Regulations, and later United States Supreme Court decisions on commercial speech substantially changed the constitutional limits on lawyer advertising after 1971. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Could a lawyer with a J.D. call himself "Doctor" on his letterhead?

A: No. The committee concluded that using "Doctor" or "Dr." before the name on cards or letterhead would be treated as unethical conduct.

Q: Could the lawyer show the J.D. degree at all?

A: Yes. The committee said placing the initials "JD" after the name on personal stationery or a card was permissible.

Q: Why did the committee object to "Doctor"?

A: It reasoned that, by professional custom, using "Doctor" approached advertising or solicitation because it suggested a professional qualification higher than that of others equally qualified.

Background and rules framework

The opinion addressed lawyer self-designation on cards and letterhead under the professional-custom standards of the day, citing ABA Formal Opinion 321. The modern analogs are Model Rule 7.1 (communications about a lawyer's services) and Model Rule 7.5 (firm names and letterheads), with Kentucky's counterparts at SCR 3.130 and the state's Attorneys' Advertising Commission Regulations.

Citations and references

Rules of Professional Conduct:

• Code of Professional Responsibility (lawyer designations); modern analogs Model Rules 7.1 and 7.5

Other opinions cited:

• ABA Formal Opinion 321 (impropriety of using "Doctor" or "Juris Doctor" as a title)

See also

• KBA Ethics Op. E-62: Firm Name Without a True Partnership
• KBA Ethics Op. E-72: Notice of Specialization to Other Attorneys

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-040.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-40
Issued: January 1971

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 an attorney use the title “Doctor” in connection with his legal cards,
letterheads, etc., where he holds a Juris Doctor degree?

Answer:

No.
OPINION

The question presented is whether or not an attorney, in connection with his legal
cards, letterheads, etc., may use the term Doctor or the abbreviation Dr. as a prefix to his
name where he has a Juris Doctor degree.
Under Formal Opinion 321 of the Ethics Committee of the American Bar
Association, such use of JD or Juris Doctor would be improper. However, by a recent
informal opinion, the use of the earned degree following a name of an attorney on his
personal stationery or card is permissible.
This opinion is an informal opinion. It was, however, discussed with the Board of
Governors of the Kentucky State Bar Association at its last meeting, and was the
unanimous opinion of the Board, although not formally presented, that, even though the
code of professional responsibility has been adopted in this state, nevertheless, the use of
the word “Doctor” preceding the name, or its abbreviation will be considered as unethical
conduct and handled as such. The use of the initial JD following the name will be
permitted.
Even a rationale for this view can be expressed. It is one which goes into the
customs of the profession and its professional practices. Over many, many years, the use of
the word “Doctor” or even Juris Doctor or words of like import approaches advertising or
solicitation in that it reflects a professional qualification higher than that possessed by
others equally qualified.

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.