Can a law firm put a paralegal or legal assistant's name on its letterhead, and can paralegals carry firm business cards?
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This page answers the general question as of 1975. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The State Bar of Wisconsin has flagged Opinion E-75-22 as withdrawn in part, as noted on the face of the published opinion. This opinion was issued in 1975, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the former Code's letterhead rule, DR 2-102(A)(4). 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 Treat this page as historical context, not current guidance.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.
Opinion E-75-22 addressed whether the names of legal assistants and other lay employees could appear on an attorney's letterhead, and what other identification such employees could use. The committee concluded there was no provision in the Code of Professional Responsibility permitting paralegal identifications on attorneys' letterheads. It read DR 2-102(A)(4) as specifically listing the permitted information (the lawyer's name and status, address, telephone numbers, firm name, DR 2-105 practice limitations, the names of members and associates, deceased and retired members, and "Of Counsel" designations) and noted that, even before the 1970 Code, ABA opinions had held it improper to list a secretary, office manager, or staff investigator on the letterhead.
On business cards, the committee found a different rule. Citing ABA Opinion 909 (on investigators) and ABA Informal Opinion 1185 (1971) (extending it to paralegals), it concluded that paralegal personnel could use a business card showing the firm's name, address, and telephone number along with the employee's name and capacity, provided the designation is accurate and the duties are performed under a lawyer's direction. The committee added that, although the paralegal's name could not be listed on the firm letterhead, the attorney could identify such personnel in the text of a letter, tell the client that contacts could be made directly with that person, and supplement the letter with the employee's business card.
Common questions
Q: Could a paralegal's name be printed on the firm letterhead under this opinion?
A: No. The committee read DR 2-102(A)(4) as not permitting paralegal or lay-employee identifications on attorneys' letterheads. The bar has since flagged this opinion as withdrawn in part, so verify the current rule.
Q: Could legal assistants use business cards?
A: Yes. Citing ABA Opinion 909 and ABA Informal Opinion 1185, the committee said paralegals could use an accurate business card showing the firm's identifying information and the employee's name and capacity.
Q: Could a lawyer name a paralegal in correspondence?
A: Yes. The committee said the attorney could identify the paralegal in the text of a letter, invite direct contact, and include the employee's business card, even though the name could not go on the letterhead.
Background and rules framework
The opinion applied the former Code's DR 2-102(A)(4) (letterhead contents) and DR 2-105 (limitations on practice), with ABA Opinion 909 and ABA Informal Opinion 1185, to the use of legal assistants' names on letterhead and cards. The current counterparts are SCR 20:7.5 / Model Rule 7.5 (firm names and letterheads) and SCR 20:5.3 / Model Rule 5.3 (responsibilities regarding nonlawyer assistants).
Citations and references
Rules of Professional Conduct:
- Model Rule 7.5 / SCR 20:7.5 (firm names and letterheads); former Code DR 2-102(A)(4), DR 2-105
- Model Rule 5.3 / SCR 20:5.3 (responsibilities regarding nonlawyer assistance)
Other opinions cited:
- ABA Opinion 909: investigators may use identifying cards within limits
- ABA Informal Opinion 1185 (1971): extending the business-card rule to paralegal employees
See also
- WI Ethics Op. E-85-6: Listing Legal Assistants on Firm Letterhead
- WI Ethics Op. E-79-3: Commerce Consultant on Letterhead
- WI Ethics Op. E-83-22: Public Office on Attorney Letterhead
Source
- Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
- Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-75-22.pdf
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