A lawyer is responsible for taking reasonable measures to ensure that all client confidences are preserved by a paralegal
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card may not be used in a deceptive way. Some state rules, such as New
Hampshire Supreme Court Rule 7, approve the use of business cards noting that the card
should not be used for unethical solicitation.
Most states with guidelines on the use of paralegal services permit the listing of paralegals
on firm letterhead. A few states do not permit attorneys to list paralegals on their
letterhead. E.g. “ B G D B O N G
A U P N H “ C ‘ “‘
N M “ C ‘ “ C B G
Utilization by Lawyers of the Services of Legal Assistants Guideline VI. These states rely on
earlier ABA Informal Opinions 619 (1962), 845 (1965), and 1000 (1977), all of which were
expressly withdrawn by ABA Informal Opinion 1527. These earlier opinions in terpreted the
M C D‘ A Bates v. State Ba r of Arizona, 433
U.S. 350 (1977), had strict limitations on the information that could be listed on letterheads.
In light of the United States Supreme Court opinion in Peel v. Att orney Registration and
Disciplinary Comm'n of Illinois, 496 U.S. 91 (1990), it may be that a r estriction on letterhead
violates the First Amendment rights of the lawyer.
Many states have rules or opinions that explicitly permit lawyers to list names of paralegals
on their letterhead stationery, including Arizona, Connecticut, Florida, Illinois, Indiana,
Kentucky, Michigan, Mississippi, Missouri, Nebraska, New York, North Carolina, Ohio,
Oregon, South Dakota, Texas, Virginia, and Washington. Most states follow the letterhead
rule when addressing the listing of paralegals on web sites as well.
T NFPA G
NFPA Guidelines, Ethical Consideration 1.7(b). NFPA Informal Ethics and Disciplinary
O N e identified with name and t itle on law
firm letterhead unless such conduct is prohibited by the appropriate state authority.
GUIDELINE 6: A lawyer is responsible for taking reasonable measures to ensure
that all client confidences are preserved by a paralegal.
COMMENT
▪Lawyers must carefully select and train employees to ensure that client confidences
are preserved.
A
information relating to the representation without consent. Model Rule 1.6. A c lient must
feel free to discuss whatever he/she wishes with his/her lawyer, and a lawyer must be
equally free to obtain information beyond that volunteered by his/her client. The ethical
obligation of a lawyer to hold inviolate the confidences and secrets of the client fa cilitates
the full development of the facts essential to proper representation of the client and
M C EC
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