Ohio Board Advisory Opinion Op 89-016

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804
OFFICE OF SECRETARY
OPINION 89-16
Issued June 16, 1989
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio
Rules of Professional Conduct, eff. 2/1/2007.]
SYLLABUS: Disciplinary Rule 2-102 (A) (4) does not provide for the listing of non-lawyer
employees on a law firm's letterhead. In our view therefore, non-lawyer employees may not be
listed on a law firm's letterhead. Office managers and other non-lawyer employees may have
business cards designating their title and identifying them as employed by the firm.
OPINION: We have before us your request for an advisory opinion which asks the following two
questions:
May a law firm list the name of a non-lawyer office administrator on
its letterhead, provided that his name is isolated from those of the
attorneys practicing in the firm, and an appropriate title reflecting his
administrative function appears next to his name?
May a law firm permit a non-lawyer office administrator to use a
business card bearing the firm name, provided an appropriate title
reflecting his administrative function appears next to his name, and
the business card is used primarily with individuals concerned with
the firm's business operation?
In regard to having non-lawyers listed on a law firm's letterhead, the ABA recently issued an
opinion which permits such a listing. ABA Committee on Ethics and Professional Responsibility,
Informal Op. 1527 (1989). However, the ABA opinion interprets the Model Rules, which have not
been adopted in Ohio.
Withdrawn by Adv. 2012-2

Op. 89-16 2
Disciplinary Rule 2-102 (A) (4) of the Code of Professional Responsibility allows an
attorney to include on his or her letterhead the name of the law firm, names of members and
associates, and the names and dates relating to deceased and retired partners. In our view, the
information which this rule specifically permits a lawyer to include on his or her letterhead is an
exhaustive list. Hence, the rule, on its face, does not specifically permit the listing of non-lawyers.
Moreover, the listing of a non-lawyer employee may tend to mislead the public which is a
violation of DR 2-101 (A). Therefore, we are of the opinion that listing an office administrator on a
law firm's letterhead would be a violation of the Code of Professional Responsibility.
In regard to an office administrator having a business card, we believe that it is permissible
for non-lawyer employees, such as office managers, investigators and legal assistants, to have a
business card. ABA Committee on Ethics and Professional Responsibility Informal Op. 1185
(1971); Informal Op. 1367 (1976). The business card may include the name, address and phone
number of the firm and should clearly designate the title of the non-lawyer employee and indicate
"non-lawyer."
In conclusion, it is our opinion and you are so advised that a non-lawyer employee may not
be listed on a law firm's letterhead. A non-lawyer employee may have a business card which
includes the firm's name and the employee's title.
This is an informal, non-binding advisory opinion, based upon the facts presented and
limited to questions arising under the Code of Professional Responsibility.