Can a non-lawyer legal assistant write and sign a debt-collection letter on the law firm's letterhead for the firm's client?

Plain-English summary

The inquiry asked whether a non-lawyer law-firm employee may use the firm's letterhead to write a letter on behalf of a firm client in an effort to collect a debt owed to that client. The Committee answered yes, under DR 3-101(A), provided the assistant is a supervised employee of the firm and signs as a Legal Assistant.

The Committee set out the limits drawn from its prior opinions. A legal assistant may not be carried on the letterhead itself (Opinion 50) and may not perform acts the lawyer himself cannot perform (Opinion 144). A legal assistant who is supervised by the attorney (Opinion 160) may sign letters on the firm letterhead (Opinion 276), provided the title Legal Assistant follows the name (ABA Opinion 1278).

Currency note

This opinion was issued in 1975, under the former Texas Code of Professional Responsibility, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. A lawyer's responsibility for supervising non-lawyer assistants is now addressed by Texas Rule 5.03, the prohibition on assisting the unauthorized practice of law by Texas Rule 5.05, and firm names and letterhead by Texas Rule 7.01 (as revised in 2021); the ABA analogs are Model Rules 5.3, 5.5, and 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 Treat this page as historical context, not current guidance.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: Could a legal assistant sign a collection letter on the firm letterhead?

A: Per the opinion, yes, under DR 3-101(A), if the assistant is a supervised firm employee and signs with the title Legal Assistant after the name.

Q: Could the legal assistant be listed on the letterhead itself?

A: No. The Committee said, citing Opinion 50, that a legal assistant may not be carried on the letterhead.

Q: Were there other limits on what the assistant could do?

A: Yes. The Committee said, citing Opinion 144, that a legal assistant may not perform acts the lawyer himself cannot perform.

Background and rules framework

The opinion interprets DR 3-101(A) of the former Texas Code of Professional Responsibility, which prohibited a lawyer from aiding the unauthorized practice of law, applied to a supervised legal assistant's signed correspondence. The Committee permitted the practice within the bounds set by its prior opinions on supervision, letterhead, and disclosure of the assistant's title. The modern analogs are Texas Rules 5.03 (supervision of non-lawyers), 5.05 (unauthorized practice), and 7.01 (firm names and letterhead), with ABA Model Rules 5.3, 5.5, and 7.5.

Citations and references

Rules of Professional Conduct:

• MR 5.3 (responsibilities regarding non-lawyer assistants); MR 5.5 (unauthorized practice of law); MR 7.5 (firm names and letterheads), as the modern analogs
• DR 3-101(A) (former Texas Code of Professional Responsibility)

Other opinions cited:

• Tex. Comm. on Professional Ethics, Op. 50 (assistant not on letterhead), Op. 144 (assistant may not perform acts the lawyer cannot), Op. 160 (supervision), Op. 276 (signing firm-letterhead letters)
• ABA Opinion 1278: the title Legal Assistant must follow the name

See also

• TX Ethics Op. 403: Firm Name on a Legal Assistant's Business Card
• TX Ethics Op. 390: Listing a Non-Lawyer Secretary on Firm Letterhead
• TX Ethics Op. 401: Attorney Serving a Collection Agency Arrangement

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-381/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_381.pdf

Original opinion text

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

QUESTION PRESENTED

Is it proper for a non-lawyer law firm employee to use the law firm letter head to write a letter on behalf of the firm's client in an attempt to collect a debt owed said client?

STATEMENT OF FACTS

LEGAL ASSISTANT, CORRESPONDENCE

It is proper for a Legal Assistant to write a letter on his law firm's letter head provided that he is a supervised employee of the law firm and that he signs as a Legal Assistant.

DR 3-101 (A)

Yes, it is proper (DR 3-101 (A) ). A Legal Assistant can not be carried on the letter head (Op. 50) nor can he perform acts which the lawyer himself cannot perform (Op. 144). A Legal Assistant employee who is supervised by his attorney (Op. 160) can sign letters on the law firm letter head (Op. 276), if his title, Legal Assistant, follows his name (ABA Op. 1278).

Tex. Comm. On Professional Ethics, Op. 381 (1975)