Can a lawyer display or hand out photocopies of large settlement or jury-award checks to advertise results?

Plain-English summary

The inquiry asked whether a lawyer or firm that had obtained substantial settlements or jury awards could make photocopies of the sizeable checks (bearing the lawyer or firm and the plaintiff as payees), exhibit copies on office walls or desks, and let friends or clients keep copies.

The Committee held that the described conduct violates Canon 24 of the Texas Canons of Ethics and Canon 27 of the ABA Canons of Ethics. Several members suggested that if the lawyer had merely placed a regular-size picture of his check under a glass top on the desk and did not call it to clients' attention for the purpose of selling his services, that would not violate the Canons, though those members said they would be reluctant to do it themselves. The vote was 8-0.

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 Treat this page as historical context, not current guidance.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 display copies of big settlement checks in the office under this opinion?

A: No. The Committee held that exhibiting photocopies of sizeable settlement or award checks bearing the lawyer's name violates Canon 24 and ABA Canon 27 (8-0).

Q: Did handing copies to clients or friends make a difference?

A: No. Knowingly permitting friends or clients to keep copies of the checks fell within the same violation.

Q: Was there any scenario the members thought might be permissible?

A: Some members suggested a regular-size picture of a check under a desk glass, not called to clients' attention to sell services, would not violate the Canons, though they said they would be reluctant to do it themselves.

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, alongside ABA Canon 27, which the opinion cites. The modern analog is ABA Model Rule 7.1 (communications concerning a lawyer's services).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• Texas Canon 24 (advertising)
• ABA Canon 27 (advertising), cited by the opinion

See also

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

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-129/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_129.pdf

Original opinion text

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

QUESTION PRESENTED

May an attorney or firm of attorneys, having obtained for clients substantial settlements or jury awards in personal injury cases, properly
Have a number of photo-copies made of various sizeable checks so obtained, bearing the name of the lawyer or law firm and the plaintiff as payees;
Exhibit one or more of the copies of such checks on the walls or desks of the law office of the lawyer or firm involved;
Knowingly permit friends or clients of the attorney or of the law firm to have permanent and unrestricted possession of one or more of such copies of such checks?

18 Baylor L. Rev. 246 (1966)

SOLICITATION - SETTLEMENTS AND RECOVERIES
To display or carry photo-copies of various sizeable checks obtained for clients through settlements or jury awards is improper.

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

The committee is of the opinion that the conduct described in the inquiry violates Canon 24 of the Canons of Ethics of the State Bar of Texas and Canon 27 of Canons of Ethics of the American Bar Association.

Several members of the committee have suggested that if the attorney had merely placed a regular size picture of his check under a glass top on his desk and did not call it to the attention of his clients for the purpose of selling his services, such action would not be a violation of the Canons of Ethics, although the members making the suggestion stated they would be reluctant to do that themselves. (8-0)

Tex. Comm. On Professional Ethics, Op. 129 (1956)