I want to announce and add to my letterhead someone who passed another state's bar but can't sit for the RI bar because his law school wasn't accredited. How do I list him?

Plain-English summary

The inquiring attorney sought guidance in announcing the employment of, and adding to the firm's letterhead, an individual who had passed the bar of another state but was ineligible to sit for the Rhode Island bar because he graduated from a nonaccredited law school.

The panel advised that it would be improper to reference this individual as a member of the bar of another state, because that would imply that he is eligible to become a lawyer in Rhode Island, which is not the case, and would be a violation of Rule 7.1 as misleading.

The panel directed attention to Rule 7.5. If the attorney chooses to include the individual's name on the firm's letterhead, then, pursuant to Provisional Order No. 18 (Use of Legal Assistants), Guideline 7, the words "legal assistant" must be placed after his name.

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, and it applies Rules 7.1 and 7.5 and the then-current Provisional Order No. 18 governing legal assistants. 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, and the legal-assistant guidelines may since have changed. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Can I list someone as a member of another state's bar on my letterhead if he can't practice in Rhode Island?

A: Under this opinion, no. The panel found that reference misleading under Rule 7.1 because it implies eligibility to become a Rhode Island lawyer, which is not the case.

Q: Can the individual's name appear on the letterhead at all?

A: Per the opinion, yes, if the words "legal assistant" follow the name, pursuant to Rule 7.5 and Provisional Order No. 18, Guideline 7.

Q: Why is calling him a member of another state's bar a problem?

A: Per the opinion, it implies he is eligible to become a Rhode Island lawyer, which is untrue and therefore misleading under Rule 7.1.

Background and rules framework

The opinion applies Rule 7.1 (Communications Concerning a Lawyer's Services) and Rule 7.5 (Firm Names and Letterheads), corresponding to Model Rules 7.1 and 7.5, along with the Rhode Island Provisional Order No. 18 (Use of Legal Assistants), Guideline 7. Rule 7.1 bars misleading communications; the panel found the out-of-state-bar reference misleading. Rule 7.5 and the legal-assistant guideline govern how a non-lawyer's name may appear on the letterhead, requiring the "legal assistant" designation.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.5 (firm names and letterheads)
• RI RPC 7.1, RI RPC 7.5

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• Rhode Island Provisional Order No. 18 (Use of Legal Assistants), Guideline 7: the words "legal assistant" must follow a non-lawyer's name on firm letterhead.

See also

• RI EAP Op. 91-42: A Paralegal's Name on Firm Materials
• RI EAP Op. 91-50: A "Benefits for the Injured" Rooftop Sign

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%2091-64.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 #91-64, Request #131
Issued September 19, 1991

An attorney seeks Panel guidance in announcing the employment and adding the name to the firm's letterhead of an individual who has passed the bar of another state but is ineligible to sit for the Rhode Island bar since he graduated from a nonaccredited law school.

The Panel advises that it would be improper to reference this individual as a member of the bar of another state since that would imply that he is eligible to become a lawyer in Rhode Island, which is not the case and would be a violation of Rule 7.1 of the Rules of Professional Conduct, as misleading.

The Panel directs attention to Rule 7.5. If the attorney does choose to include the individual's name in the firm's letterhead, pursuant to Provisional Order No. 18 - Use of Legal Assistants Guideline 7, the words "legal assistant" must be placed after his name.