May a North Carolina firm with offices only in NC list a 'corresponding' foreign lawyer on its letterhead when that lawyer is not a partner, associate, or of counsel?

Plain-English summary

The inquiry asked whether a North Carolina lawyer could show on the firm's letterhead a "Corresponding French Lawyer" or other relationship with an attorney who is not a partner, not in a professional association with the firm, and not of counsel to it.

The opinion concluded the answer is no. Rule 2.3(c) prohibits a North Carolina law firm with offices only in North Carolina from listing a person not licensed in the state "as an attorney affiliated with the firm." A relationship such as a "corresponding attorney" is a form of association or affiliation, or could be construed as such by the public, so listing it on the letterhead is barred. The opinion overruled CPR 347.

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(c) on firm names and letterheads) has since been renumbered and revised (the corresponding Model Rule is 7.5). 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 Treat this page as historical context, not current guidance.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 North Carolina firm list a foreign "corresponding" lawyer on its letterhead?

A: No. The opinion concluded that a firm with offices only in North Carolina may not list a non-licensed "corresponding" lawyer, because that is a prohibited form of affiliation under Rule 2.3(c).

Q: Why is listing a "corresponding" lawyer treated as an affiliation?

A: The opinion concluded that a "corresponding attorney" relationship is a form of association or affiliation, or could be construed as one by the public, which is what Rule 2.3(c) forbids.

Background and rules framework

The opinion applied North Carolina Rule 2.3(c) on firm names and letterheads (corresponding to Model Rule 7.5), which barred a firm with offices only in North Carolina from listing a person not licensed in the state as an attorney affiliated with the firm. The analysis turned on whether the "corresponding" label communicated an affiliation; the opinion concluded it did. It expressly overruled the contrary earlier guidance in CPR 347.

Citations and references

Rules of Professional Conduct:

• North Carolina Rule 2.3(c) (firm names and letterheads)
• MR 7.5 (firm names and letterheads)

Other opinions cited:

• CPR 347 (overruled by this opinion)

See also

• NC Ethics Op. RPC 34: use of the designation 'of counsel'
• NC Ethics Op. RPC 43: advertisement of board certification of specialty

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-31/

Original opinion text

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

Inquiry:

May an attorney licensed in North Carolina show on his letterhead a "Corresponding French Lawyer" or other relationship with an attorney who is not associated in a partnership or professional association and is not of counsel to the firm?

Opinion:

No. Rule 2.3(c) prohibits a North Carolina law firm with offices only in North Carolina from listing a person not licensed in this state "as an attorney affiliated with the firm." A relationship such as a "corresponding attorney" is a form of association or affiliation or could be construed as such by the public. This opinion overrules CPR 347.