Can a lawyer print his name and 'Attorney at Law' on his personal bank checks?

Plain-English summary

The inquiry asked whether an attorney violates the Canons by using bank checks printed with his name and the words "Attorney at Law," and whether it is a violation to use a check-writer and protector that mechanically imprints the individual's name on the face of the check with the word "Attorney" appearing immediately below.

The Committee concluded that neither practice violates the Canons (9-0). It reasoned that an attorney setting out his professional capacity on his checks in the manner indicated cannot be said to be soliciting employment in violation of Canon 24 of the Canons of Ethics of the State Bar.

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, though prohibitions on solicitation were not eliminated. 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 Treat this page as historical context, not current guidance.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 print "Attorney at Law" on his personal checks?

A: The Committee concluded that doing so is not soliciting employment and does not violate Canon 24.

Q: Does using a check-writer that imprints "Attorney" below the name change the result?

A: No. The Committee concluded that a check-writer and protector mechanically imprinting "Attorney" immediately below the name likewise does 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 and his services.

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. 175: Community Advertisement on Office Envelopes
• TX Ethics Op. 198: Bar-Association Memberships on Letterhead
• TX Ethics Op. 200: Out-of-City Directory Listing as "Patent Attorneys"

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-174/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_174.pdf

Original opinion text

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

QUESTION PRESENTED

Is it a violation of the Canons of Ethics for an attorney to use bank checks with his name and the wording "Attorney at Law" printed on the checks? Is it a violation to use a check-writer and protector which mechanically imprints on the face of the check the name of the individual with the word "Attorney" appearing immediately below the name?

18 Baylor L. Rev. 273 (1966)

SOLICITING EMPLOYMENT
Name of attorney followed by the words "Attorney at Law" on bank checks is not soliciting employment in violation of the Canons of Ethics.

Canon 24.

The committee is of the opinion that it is not a violation of the Canons of Ethics for an attorney to use bank checks with his name and the wording "Attorney at Law" printed on the checks. The committee is also of the opinion that it is not a violation to use a check-writer and protector which mechanically imprints on the face of the check the name of the individual with the word "Attorney" appearing immediately below the name. An attorney setting out his professional capacity on his checks in the manner indicated cannot be said to be soliciting employment in violation of Canon No. 24 of the Canons of Ethics of the State Bar. (9-0.)

Tex. Comm. On Professional Ethics, Op. 174 (1958)