Can a law firm list its non-lawyer office manager, by name and titled 'office manager,' on the firm's letterhead?

Plain-English summary

A law firm asked whether it could list, on its letterhead, the name of its non-lawyer office manager together with the title "office manager." The Commission explained that questions about what may ethically appear on a lawyer's letterhead have customarily been answered by reference to the advertising rules. Those rules were originally restrictive with enumerated exceptions (the Commission cited DR 2-102(A) as an example), but the 1978 adoption of the Maine Bar Rules changed that approach, recognizing a general right to advertise and forbidding only practices that would be improper in any context, namely statements that are false, fraudulent, misleading, or deceptive under Rule 3.9(a), as those terms are defined in Rule 3.9(b).

The Commission found nothing in the advertising rule or the other ethics rules that specifically prohibits listing non-lawyers on a lawyer's letterhead. Such a listing is therefore prohibited only if it is false, fraudulent, misleading, or deceptive. The Commission concluded that a truthful listing of an office manager, clearly designated as such, would not defraud, mislead, or deceive the public, in part because the public would not falsely expect any special benefit or assume the firm had any special expertise merely from having an office manager.

Currency note

This opinion was issued in 1983, before Maine's replacement of the former Maine Bar Rules with the Maine Rules of Professional Conduct (effective August 1, 2009). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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-lawyer's name appear on a law firm's letterhead?

A: The opinion concluded yes, where the listing is truthful and clearly designates the person's role. Nothing in the rules specifically prohibits it; the only bar is the prohibition on false or misleading communications under Rule 3.9(a).

Q: Why isn't listing an office manager misleading?

A: The opinion reasoned that the public would not expect any special benefit or assume special expertise simply because a firm lists an office manager, so a truthful, clearly designated listing does not deceive.

Background and rules framework

The opinion interprets Maine Bar Rule 3.9(a), which (with definitions in Rule 3.9(b)) bars only communications that are false, fraudulent, misleading, or deceptive, the approach adopted in 1978 to replace the older restrictive advertising scheme exemplified by DR 2-102(A). These provisions correspond to Model Rule 7.1 (communications about a lawyer's services) and Model Rule 7.5 (firm names and letterheads), with Model Rule 5.3 (responsibilities regarding non-lawyer assistants) supplying context for identifying non-lawyer staff. The analysis turns solely on whether the truthful listing could mislead the public.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 (communications about services); Model Rule 7.5 (firm names and letterheads); Model Rule 5.3 (non-lawyer assistants)
• Maine Bar Rules 3.9(a), 3.9(b)
• ABA Code of Professional Responsibility DR 2-102(A) (older restrictive approach, cited for contrast)

See also

• Maine Ethics Op. 53: 'In Association With' Letterhead
• Maine Ethics Op. 46: Personal Injury Advertising Allowed
• ABA Formal Op. 501: Solicitation Rules

Source

• Landing page: https://mebaroverseers.org/attorney_services/opinion.html?id=89659

Original opinion text

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

Issued by the Professional Ethics Commission

Date Issued: January 17, 1983

The Commission has received an inquiry from a law firm regarding the propriety of listing on its letterhead the name of its non-lawyer office manager (together with the title "office manager").

Issues of what may ethically appear on a lawyer's letterhead have customarily been answered by reference to the rules on advertising. Originally, advertising rules were principally restrictive but with enumerated exceptions. See, e.g., DR 2-102(A). The adoption of the Maine Bar Rules in 1978 significantly changed this approach by recognizing "the right to advertise in general and [forbidding] only those practices that would be regarded as improper in any context,"[1] namely using statements which are either false, fraudulent, misleading, or deceptive. Rule 3.9(a). Those terms are defined by Rule 3.9(b).

We find nothing within the advertising rule (or the other ethics rules) which specifically prohibits the listing of non-lawyers on a lawyer's letterhead. Such a practice is therefore prohibited only if it can be said to be false, fraudulent, misleading, or deceptive. We do not believe that the listing of the name of an office manager on a letterhead, clearly so designated (assuming it is a truthful listing) would cause fraud or mislead or deceive the public. We reach this conclusion in part because the public would not falsely expect to receive any special benefit or assume that the law firm had any special expertise merely by virtue of having an office manager in its office.

[1] Reporter's Notes to Maine Bar Rule 3.9(a)