Can a lawyer send clients Christmas cards that identify him as 'Attorney at Law' on the card or the envelope?

Plain-English summary

The inquiry asked whether a lawyer violates the Canons by sending clients Christmas cards reading "Season's Greetings ... John Doe, Attorney at Law" (and a similar "Merry Christmas" card), in envelopes showing the return address "John Doe, Attorney at Law, 1137 Big Building, City, Texas."

The Committee concluded that sending cards bearing the language "Attorney at Law," or a card without that language in an envelope whose return address identifies the sender as an attorney, violates Canon 24 (9-0). It added that if the cards and envelope merely stated the sender's name, with no reference to his being an attorney, the sending would not violate the Canons.

Currency note

This opinion was issued in 1958, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. It also predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which loosened categorical advertising restrictions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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: Can a lawyer's holiday cards say "Attorney at Law"?

A: The Committee concluded that cards bearing "Attorney at Law," or envelopes whose return address identifies the sender as an attorney, violate Canon 24.

Q: Is there a way to send holiday cards without a problem?

A: The Committee said that if the cards and envelope merely stated the sender's name, with no reference to his being an attorney, the sending would not violate the Canons.

Background and rules framework

The opinion interprets former Texas Canon 24, which addressed advertising and solicitation. The modern analog is ABA Model Rule 7.1 (communications concerning a lawyer's services), which governs how a lawyer may identify himself in communications.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• Texas Canon 24 (former canon on advertising and solicitation)

See also

• TX Ethics Op. 169: A Lawyer's Card in the Local Newspaper
• TX Ethics Op. 199: Self-Laudatory Office-Move Announcement Card
• TX Ethics Op. 210: District Judges' Printed Christmas Greetings

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-168/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_168.pdf

Original opinion text

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

QUESTION PRESENTED

Would the sending of Christmas cards by an attorney to his clients reading:
Season's Greetings With Best Wishes for the New Year
John Doe
Attorney at Law

Merry Christmas Happy New Year John Doe Attorney at Law in envelopes showing the following return address:
John Doe
Attorney at Law
1137 Big Building City, Texas
violate the Canons of Ethics?

18 Baylor L. Rev. 269 (1966)

SOLICITATION - CHRISTMAS CARDS
It is improper for an attorney to send Christmas cards to his clients which indicate that he is an attorney at law either on the cards or their envelopes.

Canon 24.

The sending of Christmas cards with the language "Attorney at Law" and "Attorney at Law, 1137 Big Building, City, Texas" or of a card without such language in an envelope which shows a return address reading. "John Doe, Attorney at Law, 1137 Big Building, City, Texas" violates Canon 24 of the Canons of Ethics of the State Bar. If the Christmas cards and the envelope merely stated the name of the sender without any reference to his being an attorney, the sending thereof would not violate the Canons of Ethics of the State Bar. (9-0)

Tex. Comm. On Professional Ethics, Op. 168 (1958)