Can a law firm list nonlawyers, such as paralegals, on its letterhead, and does it matter if the nonlawyer is a disbarred lawyer?

Plain-English summary

Guideline 9 of the State Bar's 1986 Guidelines for Use of Nonlawyers in Rendering Legal Services provided that a legal assistant could not be included on the employing lawyer's letterhead. The Bar's Paralegal Committee was considering amending the guideline to permit a nonlawyer to be listed on a lawyer's letterhead so long as the listing clearly indicated the individual is a nonlawyer, and asked whether such listings would be consistent with the Rules of Professional Conduct.

The opinion concluded that they would. The Rules of Professional Conduct do not prohibit the listing of nonlawyers as nonlawyers on law firm letterhead. Rule 2.3(c) prohibits only listing persons not licensed to practice law in North Carolina as attorneys affiliated with the firm. Any communication of a lawyer or law firm must still be presented in a manner that is not false, deceptive, or misleading under Rule 2.1, so to ensure the public is not led to believe a nonlawyer is eligible to practice law, the nonlawyer's limited capacity should be clearly set forth on the letterhead.

The opinion added that the answer would be no different if the nonlawyer is a disbarred lawyer.

Currency note

This opinion was issued in 1992, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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 firm list its paralegals on the firm letterhead?

A: Yes. The opinion held the Rules do not prohibit listing nonlawyers as nonlawyers on letterhead, provided their limited capacity is clearly stated so the listing is not misleading.

Q: What does the rule actually prohibit?

A: The opinion held Rule 2.3(c) prohibits only listing unlicensed persons as attorneys affiliated with the firm.

Q: Does it matter if the nonlawyer is a disbarred lawyer?

A: No. The opinion held the answer is the same whether or not the nonlawyer is a disbarred lawyer.

Background and rules framework

The opinion applied North Carolina Rule 2.3(c) on firm letterhead and the listing of personnel (corresponding to Model Rule 7.5) together with Rule 2.1's prohibition on false, deceptive, or misleading communications (corresponding to Model Rule 7.1). The analysis turns on accurately disclosing the nonlawyer's status so the public is not misled.

Citations and references

Rules of Professional Conduct:

• MR 7.5 (firm names and letterhead)
• MR 7.1 (false or misleading communications)
• North Carolina Rule 2.1 (communications not false, deceptive, or misleading)
• North Carolina Rule 2.3(c) (listing of persons on firm letterhead)

See also

• NC Ethics Op. RPC 147: percentage bonuses for paralegals
• NC Ethics Op. RPC 135: advertisement of a lawyer as the "best"

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-126/

Original opinion text

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

Inquiry #1:

Guideline 9 of the Guidelines for Use of Nonlawyers in Rendering Legal Services which was adopted by the North Carolina State Bar in October of 1986 indicates that a legal assistant may not be included upon the employing lawyer's letterhead. The Paralegal Committee of the North Carolina State Bar is considering proposing an amendment to the guideline which would permit a nonlawyer to be listed on a lawyer's letterhead so long as the listing clearly indicates that the subject individual is a nonlawyer.

Would such listings be consistent with the Rules of Professional Conduct?

Opinion #1:

Yes. The Rules of Professional Conduct do not prohibit the listing of nonlawyers as nonlawyers on law firm letterhead. Rule 2.3(c) prohibits only the listing of persons not licensed to practice law in North Carolina as attorneys affiliated with the firm. It is, of course, necessary that any communication of a lawyer or law firm be presented in a manner which is not false, deceptive or misleading. See Rule 2.1. To ensure that the public is not led to believe that a nonlawyer is eligible to practice law, the nonlawyer's limited capacity should be clearly set forth on the letterhead.

Inquiry #2:

Would the answer to question 1 be different if the nonlawyer is a disbarred lawyer?

Opinion #2:

No.