Can a lawyer run a separate sideline business and mention on its letterhead that he is an attorney?

Plain-English summary

The inquiry asked whether an attorney may conduct a sideline business as a management consultant, run that business from his law office, and show on the management-consultant letterhead that he is an attorney, a member of the State Bar of Texas and other legal organizations, with biographical data listing articles he wrote on legal subjects in law and trade journals.

The Committee held it is not unethical for a lawyer engaged in the practice of law to conduct another business, provided that business is completely divorced from his law practice. It also held that references in the management-consultant letterhead to his status and activities as a lawyer would violate Canon 24. Both holdings were unanimous (8-0).

Currency note

This opinion was issued in 1955, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The advertising restrictions the opinion applies predate Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which held that categorical bans on lawyer advertising violate the First Amendment, so the Canon 24 framework used here has since been substantially narrowed. Treat this page as historical context, not current guidance.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: Could a lawyer run a management-consulting sideline under this opinion?

A: Yes, provided the business is completely divorced from his law practice (8-0).

Q: Could the lawyer note that he is an attorney on the side business's letterhead?

A: No. References on the management-consultant letterhead to his status and activities as a lawyer would violate Canon 24 (8-0).

Background and rules framework

The opinion interprets former Texas Canon 24, the advertising provision of the Canons of Ethics of the State Bar of Texas, as applied to a lawyer's separate non-law business. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 5.7 (responsibilities regarding law-related services).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 5.7 (responsibilities regarding law-related services), as the modern analog
• Texas Canon 24 (advertising)

See also

• TX Ethics Op. 121: Postage-Meter Civic Slogans
• TX Ethics Op. 122: Bar Membership in a Directory Listing
• TX Ethics Op. 133: Lawyer Office Window Signs

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-119/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_119.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

An attorney submits the question "May an attorney conduct a sideline business as a management consultant," and (1) conduct that business from his law office; and (2) show on his management consultant letterhead that he is an attorney, member of the State Bar of Texas and other legal organizations, and list in his biographical data articles written by him on legal subjects as appearing in law and trade journals.

18 Baylor L. Rev. 242 (1966)

SOLICITATION - CONDUCTING OUTSIDE BUSINESS - LETTERHEADS
Though it is not unethical for an attorney to conduct another business which is completely divorced from his law practice, mention of his status and activities as a lawyer in the letterhead used for such non-related business would be improper.

Canon 24.

The committee is of the opinion that it is not unethical for an attorney enraged in the practice of law to conduct another business, provided that business is completely divorced from his law practice. (8-0)
We are also of the opinion that references in his management consultant letterhead to his status and activities as a lawyer would violate Canon 24. (8-0)

Tex. Comm. On Professional Ethics, Op. 119 (1955)