Can an out-of-state lawyer who is a Texas bar member but has no Texas practice list himself in Texas city phone directories?

Plain-English summary

The inquiry asked whether an attorney who resides in Louisiana and belongs to both the Louisiana and Texas bars, but who engages in no Texas practice, violates the Canons by listing himself in the customary telephone directory listings of attorneys in one or more Texas cities. The Committee concluded that the proposed listing is improper (6-2).

The Committee's opinion was that such a telephone listing violates Canon 24, citing Opinion 64 and also Canons 39 and 42.

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 Treat this page as historical context, not current guidance.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 list himself in the phone directory of a city where he does not practice?

A: The Committee concluded he may not. A lawyer who resides out of state and does no Texas practice may not list himself in the customary attorney listings of Texas cities; the listing violates Canon 24 (6-2).

Q: Does Texas bar membership alone justify the listing?

A: No. The Committee found that membership in the Texas bar did not save the listing where the lawyer engaged in no Texas practice.

Background and rules framework

The opinion interprets former Texas Canon 24 (advertising and solicitation) and the listing-related provisions of Canons 39 and 42. The modern analog is ABA Model Rule 7.2 (advertising), including directory listings.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising), as the modern analog
• Texas Canons 24, 39, and 42 (former canons on advertising and listings)

Other opinions cited:

• Texas Opinion 64

See also

• TX Ethics Op. 200: Out-of-City Yellow Pages Listing
• TX Ethics Op. 241: Out-of-Town Directory Listing Without an Office
• TX Ethics Op. 185: Deceased Partner in a Directory

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-190/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_190.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 who is a resident of Louisiana and a member of both the Louisiana and Texas Bar Associations, but who engages in no Texas practice to list himself in the customary telephone directory listings of attorneys in one or more Texas cities?

18 Baylor L. Rev. 284 (1966)

ADVERTISING - PROFESSIONAL LISTINGS - TELEPHONE DIRECTORY
It is improper for an attorney who is a resident of Louisiana and a member of both the Louisiana and Texas Bar Associations, but who engages in no Texas practice, to list himself in the customary telephone listings of attorneys in Texas cities.

Canon 24.

It is the opinion of the Committee that such proposed telephone listing violates Canon 24 (see also Opinion 64 Χ also Canons 39 and 42.) (6- 2.)

Tex. Comm. On Professional Ethics, Op. 190 (1958)