Can patent lawyers list their names in a telephone directory under a separate 'Patent Lawyers' heading in addition to the general 'Attorneys' listing?

Plain-English summary

The inquiry asked whether patent lawyers could list their names, addresses, and phone numbers, without bold-faced type or other special typographical treatment, in the classified section of telephone directories under a separate heading such as "Patent Lawyers" or "Patent Attorneys."

The Committee held it should follow the ABA committee's rulings on the question. It cited ABA Opinion 53, in which the ABA committee ruled that it violates Canon 27 for an attorney to have his name in more than one place of the classified section of a telephone directory. The Committee's headnote frames the listing as limited to one section under the general head "Attorneys" or "lawyers." The vote was 8-0, and the opinion cross-references Opinion 154.

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 Treat this page as historical context, not current guidance.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 patent lawyers get a separate "Patent Lawyers" directory heading under this opinion?

A: No. The Committee held a lawyer's classified listing is limited to one section under the general head "Attorneys" or "lawyers" (8-0).

Q: What was wrong with listing in more than one place?

A: Following ABA Opinion 53, the Committee treated having one's name in more than one place of the classified directory section as a violation of the advertising prohibition.

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, and follows ABA Canon 27 and ABA Opinion 53. 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)
• ABA Canon 27 (advertising), cited by the opinion

Other opinions cited:

• ABA Opinion 53: name in more than one place of the classified directory section violates Canon 27
• Texas Ethics Opinion 154: cross-referenced

See also

• TX Ethics Op. 154: Double Directory Listing
• TX Ethics Op. 155: Distinctive-Type Directory Listing
• TX Ethics Op. 129: Displaying Settlement-Check Copies
• TX Ethics Op. 133: Lawyer Office Window Signs

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-127/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_127.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 the Canons of Ethics to list, without advertising, bold-faced type or other special typographical treatment, the names, addresses, and phone numbers of patent lawyers in the classified section of telephone directories under the heading "Patent Lawyers" or "Patent Attorneys"?

18 Baylor L. Rev. 245 (1966)

SOLICITATION - CLASSIFIED ADVERTISEMENT - TELEPHONE DIRECTORIES
Listing of names in the classified section of a telephone directory is limited to a section under the general head of ''Attorneys'' or "lawyers."

Canon 24. A.B.A. Canon 27.

The committee is of the opinion that we should follow the rulings of the American Bar Association committee on this question and that, in Opinion 53, the American Bar Association committee ruled that it is a violation of Canon 27 for an attorney to have his name in more than one place of the classified section of a telephone directory. (8-0) (See Opinion 154)

Tex. Comm. On Professional Ethics, Op. 127 (1956)