UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 90-23
Can a legal assistant or paralegal have a business card with the name of the law firm placed on the card?
Summary:
As long as the business card is not false or misleading, a legal assistant may have a business card with the name of the law firm placed on the card.
Opinion:
No specific section in the Rules of Professional Conduct governs the use of business cards by non-lawyers, such as paralegals. Rule 7.5 governs the information which may be included on a firm's letterhead. Rule 7.5(a) provides, in pertinent part, that "a lawyer shall not use a letterhead...that violates Rule 7.1." Rule 7.1 states in part: "A lawyer shall not make a false or misleading communication about the lawyer or lawyer's services." Rule 7.1(a) defines a communication as false or misleading if it "contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading." Like a letterhead, a business card is a communication utilized to convey information about a law firm and its personnel. Thus, the rules which apply to firm letterhead would apply to business cards. Therefore, the use of a business card by a paralegal would be allowed so long as the card is not false or misleading.
The American Bar Association, in Informal Opinion 89-1527, commented on the identical issue. There, the ABA concluded that a law firm "may list non-lawyer personnel on business cards, written advertisements and the like, provided the designation is not likely to mislead those who see it into thinking that the non-lawyers who are listed are lawyers or exercise control over lawyers in the firm." So long as the business card clearly states the paralegal's status as a non-lawyer, the use of a business card with the name, address and telephone number of the law firm is acceptable.