Can a lawyer in private practice list a public office he holds on his private-practice letterhead?

Plain-English summary

The committee considered whether an attorney in private practice could include a reference to his position as a public official on his letterhead. The committee answered no.

The committee read DR 2-102(A)(4), which specifies what an attorney's letterhead may contain: the lawyer's name and identification as a lawyer, his addresses and telephone number, the name of his law firm, associates, and any information permitted under DR 2-105 (specialties, which the committee found immaterial here). A law firm's letterhead may also give the names of members and associates and information about deceased and retired members. The committee concluded that examination of the rule left little doubt that any reference to a public position, legal or otherwise, could not properly be included on the stationery used by an attorney in his private practice.

Currency note

This opinion was issued in 1974 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, including the rules on letterheads and advertising. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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 lawyer list a public office he holds on his private-practice letterhead?

A: No. The committee held that DR 2-102(A)(4) enumerates what a letterhead may contain, and a reference to a public position is not among the permitted items.

Q: Does it matter whether the public position is a legal office?

A: No. The committee held that any reference to a public position, "legal or otherwise," could not properly appear on a private-practice letterhead.

Q: What did the committee say a letterhead may contain?

A: Per DR 2-102(A)(4), the lawyer's name and identification as a lawyer, addresses and telephone number, the firm name, associates, and information permitted under DR 2-105; for a firm, the names of members and associates and information on deceased and retired members.

Background and rules framework

The opinion applied DR 2-102(A)(4) of the former Code of Professional Responsibility, which enumerates the permissible contents of a lawyer's letterhead, and noted that DR 2-105 (specialties) was not material. The modern analogs are Model Rule 7.5 (firm names and letterheads) and Model Rule 7.1 (false or misleading communications about a lawyer's services).

Citations and references

Rules of Professional Conduct:

• DR 2-102(A)(4) (permissible contents of a lawyer's letterhead); modern analog Model Rule 7.5
• DR 2-105 (specialties; the committee found it immaterial here)

See also

• KBA Ethics Op. E-138: Public Office on Letterhead
• KBA Ethics Op. E-83: Deceased Lawyer's Name in Firm
• KBA Ethics Op. E-158: Nonlawyer Staff on Letterhead

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-084.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-84
Issued: March 1974

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 in his private practice include on his letterhead reference to his position as a public official?

Answer:

No.

References:

DR 2-102(A)(4)

OPINION

An inquiry has been received concerning the propriety of including a reference on the letterhead used by an attorney in his private practice to his position as a public official.

DR 2-102(A)(4) specifies the information that may be included on an attorney's letterhead. In material portion it provides that the following may be used:

A letterhead of a lawyer identifying him by name and as a lawyer, and giving his addresses, telephone number, the name of his law firm, associates, and any information permitted under DR 2-105. A letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members.

DR 2-105 concerns specialties and is not material to our inquiry.

Examination of this rule leaves little doubt that any reference to a public position -- legal or otherwise -- cannot properly be included on the stationery used by an attorney in his private practice.

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.