Can a law firm list a deceased partner's name on its own line in the phone directory, apart from the firm name?

Plain-English summary

The inquiry asked whether a law firm whose name contains a deceased partner's name may list that deceased partner's name in the yellow pages separate and apart from the firm name, and whether any attorney may list a deceased attorney's name there. The Committee was unanimous that both practices violate the Canons (8-0).

The Committee explained that Canon 30 permits a firm to continue using the name of a deceased or former partner, but care must be taken that no imposition or deception is practiced through that use; continued use of the deceased partner's surname in the firm name is permissible if approved by local custom. The directory listing should therefore be merely a listing by the firm of its name, which would include the deceased partner's surname, rather than a separate listing of the deceased partner. The Committee cited Canon 24, ABA Canon 33, and ABA Opinion 208.

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 Treat this page as historical context, not current guidance.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 firm list a deceased partner's name on a separate line in the directory?

A: No. The Committee held unanimously that listing a deceased partner separately from the firm name in the yellow pages violates the Canons (8-0).

Q: Can the firm name still carry the deceased partner's surname?

A: Yes. The Committee said Canon 30 allows continued use of a deceased partner's surname in the firm name, provided local custom approves and no imposition or deception results; the directory listing should be the firm name only.

Q: Can any attorney list a deceased attorney's name in the directory?

A: No. The Committee held it improper for any attorney to list the name of a deceased attorney in the yellow pages.

Background and rules framework

The opinion interprets former Texas Canons 24 (advertising and solicitation) and 30 (firm names, including continued use of a deceased or former partner's name). The modern analogs are ABA Model Rule 7.5 (firm names and letterheads) and Model Rule 7.1 (communications concerning a lawyer's services).

Citations and references

Rules of Professional Conduct:

• MR 7.5 (firm names and letterheads) and MR 7.1 (communications concerning a lawyer's services), as the modern analogs
• Texas Canons 24 and 30 (former canons on advertising and firm names)

Other opinions cited:

• ABA Canon 33 and ABA Opinion 208

See also

• TX Ethics Op. 209: Former AUSA Title on an Announcement Card
• TX Ethics Op. 259: Office-Sharing Lawyers and Joint Letterhead
• TX Ethics Op. 200: Out-of-City Yellow Pages Listing

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-185/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_185.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 a law firm whose firm name contains the name of a deceased partner to list the name of such deceased partner in the yellow pages of the telephone directory separate and apart from the firm name?

Is it a violation for any attorney to list in the yellow pages of the telephone directory the name of a deceased attorney?

18 Baylor L. Rev. 281 (1966)

PARTNERSHIPS - SOLICITATION CLASSIFIED ADVERTISEMENT - TELEPHONE DIRECTORY
A law firm whose name contains the name of a deceased partner may not list the deceased partner's name in the yellow pages of the telephone directory separate and apart from the firm name. It is improper for any attorney to so list the name of a deceased attorney. A listing in the firm name which includes the surname of the deceased partner is permissible provided Canon 30 is not otherwise violated.

Canons 24, 30.

The committee is unanimously of the opinion that it is a violation of the Canons of Ethics for a law firm to list the name of a deceased partner in the yellow pages of the telephone directory separate and apart from the firm name. The Committee is also of the opinion that it is a violation for any attorney to list in the yellow pages of the telephone directory the name of a deceased attorney.

Canon 30 of the State Bar provides that a law firm may continue to use the name of a deceased or former partner but care should be taken that no imposition or deception is practiced through this use. Under this canon it is entirely permissible for a firm to continue the surname of a deceased partner in the firm name, provided such continued use is approved by local custom. It is the opinion of the Committee that such listing should be merely a listing by the firm of its name which would include the surname of the deceased partner. (See Canon 24, ABA Canon 33 and ABA Opinion 208.) (8-0.)

Tex. Comm. On Professional Ethics, Op. 185 (1958)