Can a lawyer place an ad in the Texas Bar Journal offering other lawyers a statewide specialized appellate briefing and argument service?
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This page answers the general question as of 1947. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.
Plain-English summary
The inquiry presented a proposed Texas Bar Journal advertisement, addressed "to members of the bar only," in which a lawyer offered a statewide specialized service in briefing and arguing civil cases on appeal in state and federal courts, to work alone or in collaboration.
The committee concluded the ad would violate Canon 42, which governed notice of specialized legal service. The vote was 7-0.
Currency note
This opinion was issued in 1947, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Lawyer advertising restrictions were also reshaped by later constitutional decisions beginning with Bates v. State Bar of Arizona (1977). Subsequent rule amendments or later opinions may have changed the analysis; communication of fields of practice is now addressed by ABA Model Rule 7.4 and advertising by Model Rule 7.2. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Did it matter that the ad was directed only to other lawyers?
A: The committee held the ad improper despite being addressed to members of the bar only; the conclusion rested on Canon 42 governing notice of specialized legal service.
Q: Which Canon did the ad violate?
A: Canon 42, on notice of specialized legal service. The vote was 7-0.
Background and rules framework
The opinion interprets former Texas Canon 42, on notice of specialized legal service, applied to a Bar Journal advertisement for appellate briefing and argument services. The modern analogs are ABA Model Rule 7.4 (communication of fields of practice and specialization) and Model Rule 7.2 (advertising).
Citations and references
Rules of Professional Conduct:
- MR 7.4 (communication of fields of practice and specialization), as the modern analog
- MR 7.2 (advertising), as the modern analog
- Texas Canon 42
See also
- TX Ethics Op. 8: A Bar Journal Tax-Service Solicitation
- TX Ethics Op. 15: A Specialty-Restricted Partnership Announcement
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-10/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_10.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Whether the following proposed ad in the Texas Bar Journal violates one or more of the Canons of Ethics, to-wit:
"TO MEMBERS OF THE BAR ONLY
I offer a statewide specialized service in briefing and arguing civil cases on appeal in state and federal courts. Work sole or in collaboration.
NAME AND ADDRESS OF ATTORNEY"
18 Baylor L. Rev. 198 (1966)
SOLICITATION - ADVERTISING - NOTICE OF SPECIALIZED LEGAL SERVICE - BAR JOURNAL
An ad in the T.B.J. addressed to attorneys and offering a statewide specialized service in briefing and arguing civil cases on appeal in state and federal courts, is improper.
Canon 42.
The proposed ad would violate Canon 42. (7-0)
Tex. Comm. On Professional Ethics, Op. 10 (1947)
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