Can a partnership announcement state that the firm's practice is restricted to certain fields like oil and gas, real property, corporations, and estates?
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This page answers the general question as of 1948. 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 asked whether it was proper, in an announcement of the association of two or more lawyers, to state "Practice restricted solely to matters concerning oil and gas - real property - corporations - estates."
The committee concluded the announcement was improper and would violate Texas Canon of Ethics 42, which governed notice of specialized legal service. The vote was 5-2.
Currency note
This opinion was issued in 1948, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Restrictions on stating fields of practice were later reshaped by constitutional advertising decisions; the U.S. Supreme Court in Peel v. Attorney Registration and Disciplinary Commission (1990) addressed truthful claims of specialization. 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 Model Rule 7.1. Treat this page as historical context, not current guidance.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 firm announce that it limited its practice to particular fields?
A: Not under this opinion. The committee held that announcing the practice was "restricted solely to" the listed fields was improper and violated Canon 42.
Q: Which Canon did the committee apply?
A: Texas Canon 42, on notice of specialized legal service. The vote was 5-2.
Background and rules framework
The opinion interprets former Texas Canon 42, which governed how a lawyer could give notice of specialized legal service, applied to a partnership announcement listing restricted fields of practice. The modern analogs are ABA Model Rule 7.4 (communication of fields of practice and specialization) and Model Rule 7.1 (communications about a lawyer's services).
Citations and references
Rules of Professional Conduct:
- MR 7.4 (communication of fields of practice and specialization), as the modern analog
- MR 7.1 (communications concerning a lawyer's services), as the modern analog
- Texas Canon 42
See also
- TX Ethics Op. 14: A Public Officer's Newspaper Announcement
- TX Ethics Op. 25: Newspaper Professional Listings
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-15/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_15.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Is it proper in an announcement of the association of two or more lawyers to state in the announcement "Practice restricted solely to matters concerning oil and gas - real property - corporations - estates?"
18 Baylor L. Rev. 200 (1966)
NOTICE OF SPECIALIZED LEGAL SERVICE
An announcement of the association of two or more lawyers stating "Practice restricted solely to matters concerning oil and gas - real property - corporations - estates" is improper.
Canon 42.
Such an announcement would violate Texas Canon of Ethics 42. (5-2)
Tex. Comm. On Professional Ethics, Op. 15 (1948)
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