99 N.J.L.J. 473
June 3, 1976
OPINION 330
Office Letterhead with Attorney's Name and
"and Associates"; Listing Paralegals and
Administrator; with or without Legal Identification
The inquirer is a member of a law firm which specializes in
representing creditors for consumer financing. It has a large staff
of paralegal personnel and in addition to the inquirer there are
four other lawyers on the staff. Essentially, a matter for
collection is handled exclusively by non-lawyer personnel in all
uncontested collection matters, from setting up the file initially,
preparation and filing of the pleading, to the entry of default and
the issuance of execution, if any. A lawyer does, however, sign the
complaint. The inquirer, in an effort to circumvent our Opinion
296, 98 N.J.L.J. 105 (1975), and our supplemental Opinion 296, 99
N.J.L.J. 113 (1976), has designed two letterheads, one merely
stating the name of the lawyer and adding "and Associates," without
reference to the fact that it is a law firm, and another letterhead
using the same name, but indicating that it is a law office. In
addition, on both letterheads the name of the person in charge of
the administration of the office is named in the center at the
bottom. The inquirer seeks an expression from this Committee as to
whether it is proper to delete any reference to a law firm in
connection with all letters being sent by paralegal personnel
inasmuch as so much of the work is conducted by them, rather than
by lawyers.
Our Opinion 224, 94 N.J.L.J. 1206 (1971), is dispositive of
the inquirer's question. Clearly the name of a lawyer followed by
"and Ascots" is ethical as long as the names of all associates
appear on the letterhead. The name without reference to the fact
that it is a law firm is clearly misleading and is proscribed in DR
2-102(B). The use of this letterhead without reference to the fact
that it is a law firm would still be unethical, even if the
inquirer had no associates as such, but merely shared office space
with them. In that event, he could not list them on his letterhead
as associates, but the letterhead would still be misleading and in
the nature of a trade name were it to be used without reference to
the fact that it is a law firm.
Furthermore, it is unethical to name an administrator of the
law firm on the letterhead whether that administrator is or is not
a lawyer. If the administrator is a layman, the same is proscribed
by DR 2-102(A)(4). See also Drinker, Legal Ethics 228 (1965). If
the administrator is a lawyer, it is still unethical to name him as
such. Drinker, Legal Ethics 228-9 (1965) indicates that it is
unethical for a lawyer to indicate on his letterhead other
occupations in which he is engaged. Likewise, this Committee, in
referring to the ABA Committee on Professional Ethics, Informal
Opinion 1000 (1967) in our opinion 296, supra, has already given
indirectly the same Opinion, that is, that a lawyer who may be
administrator of the law firm may not be so designated on the
letterhead. Office management is essentially a nonlegal occupation
and in any event, the only purpose which would be apparent in
including the designation of an administrator or office manager on
the letterhead would be to impress upon those seeing the letterhead
the size, importance, and efficiency of the firm, which could be
defined as self-laudatory or "puffing". Both of these are
proscribed by the Code of Professional Responsibility.