May I list the names of my paralegals and legal assistants on my law office letterhead if I separate them from the lawyers' names?

Plain-English summary

The inquiring attorney wished to list the names of paralegals and legal assistants employed by the attorney on the office letterhead, separating the non-lawyers' names from the attorney's own name. The attorney asked whether placing a non-lawyer's name on the letterhead violated the Rhode Island Rules of Professional Conduct.

The Panel answered yes, concluding that listing non-lawyers on letterhead is misleading to the public. It quoted its prior Opinion 92-24 (issued May 20, 1992), which held it improper for a law firm to list non-lawyers' names on the firm's stationery and office directory because doing so is itself misleading, can create public confusion, and gives a false impression of a partnership between lawyers and non-lawyers. The Panel affirmed Opinion 92-24 and concluded that only the names of attorneys who are members of or associated with the firm should appear on the firm's letterhead, to avoid misleading the public.

Currency note

This opinion was issued in 1996 (Opinion 96-16, issued July 11, 1996), 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. 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 Treat this page as historical context, not current guidance.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 a law firm put paralegals' names on its letterhead?

A: The Panel said no. It held that listing non-lawyers on letterhead is misleading to the public and that only attorneys who are members of or associated with the firm should appear.

Q: Does separating the non-lawyers' names from the lawyers' names cure the problem?

A: No. The attorney proposed that separation, but the Panel still found the listing misleading because it can create a false impression of a partnership between lawyers and non-lawyers.

Q: Where does this conclusion come from?

A: The Panel rested on and affirmed its earlier Opinion 92-24, and referenced Opinion 91-42 and the Rhode Island Supreme Court's Guidelines for Use of Legal Assistants (Provisional Order No. 18, Feb. 1, 1983).

Background and rules framework

The opinion addresses the listing of non-lawyer employees on a law firm's letterhead, the subject of Rhode Island Rule of Professional Conduct 7.5 (firm names and letterheads) and the prohibition on misleading communications in Rule 7.1, the analogs of Model Rules 7.5 and 7.1. The Panel decided the question on the ground that such listings are misleading to the public, affirming its prior Opinion 92-24 rather than parsing rule text.

Citations and references

Rules of Professional Conduct:

• MR 7.5 / RI RPC 7.5 (firm names and letterheads)
• MR 7.1 / RI RPC 7.1 (misleading communications about a lawyer's services)

Other opinions cited:

• RI EAP Opinion 92-24 (issued May 20, 1992): improper to list non-lawyers on firm stationery and office directory
• RI EAP Opinion 91-42 (referenced)

Other references:

• Rhode Island Supreme Court, Guidelines for Use of Legal Assistants, Provisional Order No. 18 (Feb. 1, 1983)

See also

• RI EAP Opinion 94-65: taking an of-counsel lawyer's name off the firm name under Rule 7.5
• RI EAP Opinion 91-64: an out-of-state bar member ineligible in RI listed as a legal assistant

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%2096-16.pdf

Original opinion text

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

ETHICS ADVISORY PANEL
OPINION 96-16, - REQUEST # 672
Issued - July 11, 1996

FACTS:

The inquiring attorney desires to list the names of "paralegals" and "legal assistants" employed by the inquiring attorney on his/her office letterhead. The inquiring attorney will separate the names of the "paralegals" and "legal assistants" from the inquiring attorney's name.

ISSUE PRESENTED:

The inquiring attorney asks if placing a non-lawyer's name on his/her letterhead is violative of the Rhode Island Rules of Professional Responsibility.

OPINION:

Yes, the listing of non-lawyers on letterhead is misleading to the public.

REASONING:

This Panel has opined in Rhode Island Ethics Advisory Panel Opinion 92-24 (Issued May 20, 1992) that:

"It is improper for a law firm to list non-lawyers' names on the law firm's stationery and the office directory. The listing of non-lawyer employees on legal stationery and in an office directory is in itself misleading to the public. This situation can easily create public confusion and a false impression of a partnership between lawyers and non-lawyers. The Panel agrees that only the names of attorneys who are either members or associates of the firm should be listed on the firm's stationery and office directory." See, also Digest of Ethics Advisory Opinion # 91-42 and Rhode Island Supreme Court, Guidelines For Use of Legal Assistants, Provisional Order No. 18, February 1, 1983.

The Panel affirms Ethics Advisory Panel Opinion # 92-24 and believes that only the names of attorneys who are members of or associated with the firm, should appear on the law firm's letterhead to avoid misleading the public.