Can a lawyer add a line to his telephone-directory listing stating that he is a member of a local bar association?

Plain-English summary

The inquiry asked whether a member of the Fort Worth Bar Association could add a line to his telephone-directory listing, in the attorneys section, advising the public that he is a member of the Fort Worth Bar Association, in a form showing his name, address, and phone number followed by "Member Fort Worth Bar Association."

The Committee held that such a listing would be improper as a violation of Canon 24 of the Canons of Ethics of the State Bar of Texas. The vote was 6-2.

Currency note

This opinion was issued in 1956, 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 Treat this page as historical context, not current guidance.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 Texas lawyer note his local bar membership in a phone-directory listing under this opinion?

A: No. The Committee held that adding "Member Fort Worth Bar Association" to the listing was improper advertising under Canon 24 (6-2).

Q: Was the Committee unanimous?

A: No. The vote was 6-2.

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 extra descriptive lines in a telephone-directory listing. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.2 (advertising).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.2 (advertising), as the modern analog
• Texas Canon 24 (advertising)

See also

• TX Ethics Op. 127: Telephone Directory Listings
• TX Ethics Op. 154: Double Directory Listing
• TX Ethics Op. 155: Distinctive-Type Directory Listing
• TX Ethics Op. 133: Lawyer Office Window Signs

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-122/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_122.pdf

Original opinion text

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

QUESTION PRESENTED

Would it be a violation of our Canons of Ethics for a member of the Fort Worth Bar Association to have a line in the local telephone directory, under his name in the section on attorneys, advising the public that he is a member of the Fort Worth Bar Association. A form of listing would be as follows:

John D. Doe, Fort Worth Bank Bldg. C FO-000
Member Fort Worth Bar Association

18 Baylor L. Rev. 243 (1966)

SOLICITATION - CLASSIFIED ADVERTISEMENTS - TELEPHONE DIRECTORIES
An attorney should not indicate that he is a member of a local bar association in the classified section of a telephone directory.

Canon 24.

The committee is of the opinion that this listing would be improper as a violation of Canon 24 of the Canons of Ethics of the State Bar of Texas. (6-2)

Tex. Comm. On Professional Ethics, Op. 122 (1956)