Can a lawyer mail other attorneys an offer to answer the docket call in their cases for a fee?

Plain-English summary

The inquiry described an attorney who mailed lawyers in a large city a letter advising them that their cases, identified by style and number, were set for trial during a specified week, and offering, for a fee, to answer the call of the docket for those attorneys. The same letter offered to file and hand-carry causes of action such as adoptions and show-cause matters for a fee.

The Committee concluded that an attorney making such an offer is soliciting professional employment and, in doing so, violates Canon 24 of the Canons of Ethics of the State Bar (8-0).

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 Treat this page as historical context, not current guidance.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: Could a lawyer offer, for a fee, to cover docket call for other lawyers' cases?

A: The Committee concluded that mailing such an offer to members of the bar was soliciting professional employment and violated Canon 24.

Q: Did the per-case fee structure matter to the analysis?

A: The opinion treated the mailed offer itself as the solicitation; it concluded the attorney was soliciting professional employment by making the offer, and held that it violated Canon 24.

Background and rules framework

The opinion interprets former Texas Canon 24, which barred solicitation of professional employment. The modern analog is ABA Model Rule 7.3 (solicitation of clients), which restricts direct solicitation of professional employment.

Citations and references

Rules of Professional Conduct:

• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canon 24 (former canon on solicitation)

See also

• TX Ethics Op. 196: Solicitation and "Feeding" of Law Business
• TX Ethics Op. 205: Bar Group's Referral Service and Radio Advertising
• TX Ethics Op. 200: Out-of-City Directory Listing as "Patent Attorneys"

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-181/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_181.pdf

Original opinion text

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

QUESTION PRESENTED

It is a violation of the Canons of Ethics for an attorney to mail to the attorneys of a large city a letter advising them that their cases (which are designated by style and number in the letters) are set for trial during a certain week as specified in the settings of the courts and offering for a fee to answer the call of the docket, for such attorneys as to such cases? The letter mailed to the members of the bar is to be in the following form:

"Re[ ]vs.[ ]No.[ ]

Dear Sirs:

"The above entitled and numbered case is set for trial for the week of [ ], 195[ ] To help many attorneys who are unable to be present at docket call or could use their valuable time to a better advantage or to prevent dismissal of the case, we offer to answer the docket call for you. Possibly you have additional cases set for this term of court. Enclosed are several forms which, if you desire to avail yourself of this service may be filled out and mailed to us for any additional cases you wish us to answer. Our fee for answering the docket for any case is $______.

"Enclosed is a form which must be filled out and mailed to us no later than the Monday preceding the docket call of Friday, the _ day of _, 195_. Our fee for this service is $_____. Your check for this amount must accompany the enclosed form.

"We will inform you of the status of the case immediately after docket call either by telephone or by letter.

"We also offer to file and hand carry through, any cause of action, such as, adoption, show cause, etc. Just mail us your cause of action, the filing fee and our fee of $____ and we will take care of all filing requirements.

"Yours very truly,"

18 Baylor L. Rev. 277 (1966)
SOLICITATION
An attorney seeking employment by other attorneys to answer the call of the docket for such other attorneys is soliciting professional employment in violation of Canon 24.

Canon 24.

It is the opinion of the Committee that an attorney making such an offer is soliciting professional employment and in doing so violates Canon 24 of the Canons of Ethics of the State Bar. (8-0)

Tex. Comm. On Professional Ethics, Op. 181 (1958)