Can I list a non-lawyer employee who graduated from an unaccredited law school on my firm's letterhead, set apart from the lawyers' names?

Plain-English summary

An attorney asked the panel whether he could include a non-lawyer, who had graduated from an unaccredited law school, on his firm's letterhead. The sample letterhead he submitted showed the non-lawyer's name separated from the lawyers' names by two thin lines, with the abbreviation "JD" appended to it.

The panel held that using this stationery would violate EC 3-4 and DR 3-101(A), reasoning that a layperson seeking legal services from the firm would be unable to distinguish between the non-lawyer and the firm members admitted to the Rhode Island Bar and subject to the requirements and regulations of the Rhode Island Supreme Court. The panel also found the letterhead would violate DR 2-102(A)(4), which permits a law firm's letterhead to give the names of the firm's "members and associates." Because DR 3-103(A) bars an attorney from forming a partnership with a non-lawyer, the panel reasoned that the non-lawyer could not be considered a "member and associate" of the firm within the meaning of the letterhead rule.

Currency note

This opinion was issued in 1988, before the Rhode Island Supreme Court's adoption of the 2007 revisions to the Rules of Professional Conduct, and it applies the ABA Model Code of Professional Responsibility's Canons, Ethical Considerations, and Disciplinary Rules then in effect. 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 Treat this page as historical context, not current guidance.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 I list a non-lawyer employee with a law degree from an unaccredited school on my firm's letterhead?

A: No. The opinion holds this would violate EC 3-4 and DR 3-101(A), because a layperson would be unable to tell the non-lawyer apart from the firm's Rhode Island-admitted lawyers.

Q: Does visually separating the non-lawyer's name from the lawyers' names, such as with lines, fix the problem?

A: No, according to this opinion; the panel found the letterhead improper even though the non-lawyer's name was set apart by two thin lines.

Q: Why can't the non-lawyer be listed the way associates are listed on a letterhead?

A: The opinion explains that DR 2-102(A)(4) permits listing a firm's "members and associates," but because DR 3-103(A) bars a lawyer from forming a partnership with a non-lawyer, the non-lawyer cannot be considered a member or associate of the firm.

Background and rules framework

The opinion applies EC 3-4 and DR 3-101(A) of the ABA Model Code of Professional Responsibility, then in force in Rhode Island, governing aiding the unauthorized practice of law, together with DR 2-102(A)(4) (permitted letterhead listing of members and associates) and DR 3-103(A) (barring partnership with a non-lawyer).

Citations and references

Rules of Professional Conduct:

• RI EC 3-4 (aiding unauthorized practice of law)
• RI DR 3-101(A) (aiding a non-lawyer in the unauthorized practice of law)
• RI DR 2-102(A)(4) (letterhead may give the names of members and associates)
• RI DR 3-103(A) (bar on forming a partnership with a non-lawyer)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2088-04.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
OPINION #88-4, Request #20
ISSUED APRIL 15, 1988

An attorney seeks Panel advice as to whether he can include a non-lawyer who is a graduate of an unaccredited law school on the letterhead of his firm. He provides a sample letterhead which shows the non-lawyer's name separated from the lawyers' names by two thin lines with "JD" appended to it.

The Panel takes the position that use of this stationery would constitute a violation of EC 3-4 and DR 3-101(A). A layman seeking legal services from the inquiring attorney's firm would be unable to distinguish between the non-lawyer and those members of the firm admitted to the Rhode Island Bar and thus subject to the requirements and regulations of the Rhode Island Supreme Court.

The Panel also notes that the sample letterhead in question would constitute a violation of DR 2-102(A)(4). This rule provides, in pertinent part that a law firm's letterhead may "give the names of members and associates" of the firm. Disciplinary Rule 3-103(A) provides that an attorney may not form a partnership with a non-lawyer; thus the non-lawyer cannot be considered a "member and associate" of the firm.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.