Can a North Carolina firm list a renowned law professor licensed only in another state on its letterhead as 'of counsel' or as a 'consulting attorney'?

Plain-English summary

Law Firm LMN wanted a formal relationship with Professor P, a faculty member at a North Carolina law school and a nationally recognized expert in intellectual property and entertainment law. P was licensed to practice only in Illinois and had no imminent plans to become licensed in North Carolina. The firm wanted to list P on its letterhead as "of counsel," or failing that as a "consulting attorney" in entertainment law. The inquiry asked whether either listing was permissible.

The opinion concluded that neither listing was permissible. Listing P on the firm's letterhead would be misleading, because P is not an attorney in North Carolina and does not maintain an office and practice in any other jurisdiction in which he is licensed (Rule 2.3). Special expertise in a subject does not authorize a non-licensed lawyer to be listed on a letterhead. To list a person trained as an attorney and licensed elsewhere, but not in North Carolina, under a designation attempting to indicate his legal expertise would inevitably be misleading and imply that he is an attorney in North Carolina.

Currency note

This opinion was issued in 1987, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. The provision it applies (Rule 2.3 on firm names and letterheads, with the bar's no-misleading-communication principle) has since been renumbered and revised (the corresponding Model Rules are 7.5 and 7.1). 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 Treat this page as historical context, not current guidance.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 an out-of-state lawyer as "of counsel" on its letterhead?

A: Not on these facts. The opinion concluded that listing a lawyer licensed only in another state, who maintains no office and practice there, would be misleading and imply he is a North Carolina attorney (Rule 2.3).

Q: Does the lawyer's special expertise change the result?

A: No. The opinion concluded that special expertise in a subject does not authorize a non-licensed lawyer to be listed on a firm's letterhead.

Q: Would calling him a "consulting attorney" instead of "of counsel" be acceptable?

A: No. The opinion concluded that a designation attempting to indicate his legal expertise would inevitably be misleading and imply he is an attorney in North Carolina.

Background and rules framework

The opinion applied North Carolina Rule 2.3 on firm names and letterheads (corresponding to Model Rule 7.5), read against the prohibition on misleading communications about a lawyer's services (corresponding to Model Rule 7.1). The analysis turned on whether either label would imply that an out-of-state, non-practicing lawyer was authorized to practice in North Carolina; the opinion concluded it would.

Citations and references

Rules of Professional Conduct:

• North Carolina Rule 2.3 (firm names and letterheads)
• MR 7.5 (firm names and letterheads); MR 7.1 (communications concerning a lawyer's services)

See also

• NC Ethics Op. RPC 31: 'corresponding' lawyer on letterhead
• NC Ethics Op. RPC 34: use of the designation 'of counsel'

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-25/

Original opinion text

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

Inquiry:

Law Firm LMN would like to establish a formal relationship with Professor P. Professor P is on the faculty of a law school located in North Carolina. P is a nationally recognized expert in the areas of intellectual property and entertainment law. P is licensed to practice law only in the State of Illinois and does not have imminent plans to become licensed in North Carolina.

Law Firm LMN would like to list Professor P on their letterhead as being "of counsel." If he may not be listed of counsel, then Law Firm LMN would like to list P as a "consulting attorney" in the area of entertainment law.

May Law Firm LMN ethically list P on its letterhead either as being "of counsel" or a "consulting attorney"?

Opinion:

No. To list Professor P on Law Firm LMN's letterhead would be misleading, since P is not an attorney in North Carolina and since he does not maintain an office and practice in any other jurisdiction in which he is licensed. See Rule 2.3. Special expertise in a subject does not authorize a nonlicensed lawyer to be listed on a letterhead. To list a person trained as an attorney and licensed elsewhere, but not in North Carolina, under a designation which would attempt to indicate his legal expertise would inevitably be misleading and imply that he is an attorney in North Carolina.