Can I list my paralegal's name on the firm letterhead, the building directory, and a newspaper ad alongside the attorneys, and can the paralegal use a business card and desk plate?

Plain-English summary

The inquiring attorney asked about steps the attorney proposed to take to inform the public that X, a non-attorney, was working as a paralegal in the attorney's firm.

The panel concluded it is improper to place X's name among the names of the attorneys when identifying the lawyers associated with the firm in printed materials. X's name should not appear on the firm's stationery, because it poses a very real danger of misleading the public that X is an attorney; a notation such as "Public Adjuster" near X's name does not diminish the potential misleading effect, especially where all other names are those of licensed attorneys. In the panel's view, only the names of attorneys who are members of or associated with the firm should appear on the stationery. The panel likewise found it improper to list X's name in the building's floor directory among the firm's licensed attorneys, and observed that the terms "Legal Assistant" and "Administrator" are misleading because they do not specifically identify X's role. The panel also concluded it is improper to place a Providence Journal advertisement listing X's name with the firm's attorneys, and questioned the ambiguous title "Public Adjuster."

The panel concluded that it is not improper for X to distribute business cards printed with the person's name and the word "paralegal," and that there is no ethical problem in placing a name plate on X's desk stating the person's name and title, "paralegal."

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. 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 Treat this page as historical context, not current guidance.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 guidance mentioned here.

Common questions

Q: Can my paralegal's name go on the firm letterhead?

A: Under this opinion, no. The panel concluded a non-attorney's name should not appear on the firm's stationery because it risks misleading the public that the person is an attorney, and only attorneys' names should appear there.

Q: Does adding a title like "Public Adjuster" or "Legal Assistant" cure the problem?

A: Per the opinion, no. The panel found "Public Adjuster" ambiguous and did not diminish the misleading effect, and that "Legal Assistant" and "Administrator" are misleading because they do not specifically identify the person's role.

Q: What can the paralegal use to identify their role?

A: Per the opinion, the paralegal may distribute business cards printed with the person's name and the word "paralegal," and may have a desk name plate with the person's name and the title "paralegal."

Background and rules framework

The opinion does not cite a numbered Rule of Professional Conduct. It resolves the inquiry on the principle that firm materials identifying the firm's attorneys must not include a non-attorney's name in a way that risks misleading the public into believing the non-attorney is a lawyer, while permitting accurate identification of the person's paralegal role on business cards and a desk plate.

Citations and references

Rules of Professional Conduct:

• None cited. The opinion turns on the risk of misleading the public about a non-attorney's status.

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-43: Office-Sharing Lawyers on Opposite Sides of a Case
• RI EAP Op. 91-38: Accepting Client Referrals From a Nonprofit

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%2091-42.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 #91-42
Issued July 1991

An attorney seeks Panel advice concerning the ethical propriety of steps the attorney proposes to take to inform the public that X is working as a paralegal in the attorney's firm.

The Panel is of the opinion that it is improper to place the name of X, who is not an attorney, among the names of the attorneys employed by your firm when identifying the lawyers associated with the firm in printed materials. The Panel takes the position that X's name should not appear on the firm's stationery because it poses a very real danger of misleading the public that X is an attorney. A notation near X's name which states "Public Adjuster" does not diminish the potential misleading effect of placing his/her name on the letterhead, especially in light of the fact that all other names on the stationery are those of licensed attorneys. It is the view of the Panel that only the names of attorneys who are members of the firm, or associated with the firm, should appear on the firm's stationery.

The Panel also believes it is improper to list the name of X in the building's floor directory. His/her name should not appear among a listing of licensed attorneys who practice on behalf of the firm. The terms "Legal Assistant" and "Administrator" are misleading because they do not specifically identify X as such. The Panel is of the opinion that the names of non-attorney employees of a law firm should not be included in a listing of attorneys employed by the law firm.

The Panel does not believe it is proper to place an advertisement in the Providence Journal in which you list the name of X with those of the attorneys practicing in the firm. The Panel also questions the meaning of the title "Public Adjuster." This title, in and of itself, appears to be ambiguous.

It is not improper for X to distribute business cards to clients on which are printed his/her name and the word "paralegal." There is no ethical problem in placing a name plate on X's desk which states his/her name and his/her title, "paralegal."