Can a lawyer who has completely stopped practicing law advertise a different business and describe himself there as a licensed attorney?
Apply this to your situation
This page answers the general question as of 1959. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.
Plain-English summary
The inquiry asked whether an attorney who is engaged full time in another legitimate business, having withdrawn completely from the practice of law, may advertise that other business and, in doing so, indicate as one of his qualifications that he is a "licensed attorney." The Committee answered that such advertisement does not violate the Canons, provided the attorney is not engaged in the practice of law and renders no legal services (5-2).
The Committee anchored the answer to Canon 24. Several members who concurred with the majority added that such advertisement, although not in derogation of Canon 24, should be discouraged.
Currency note
This opinion was issued in 1959, 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 Treat this page as historical context, not current guidance.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 former lawyer who now runs another business call himself a "licensed attorney" in that business's advertising?
A: The Committee concluded that he may, provided he has withdrawn completely from the practice of law and renders no legal services; under those conditions the advertisement does not violate Canon 24 (5-2).
Q: Does the conclusion depend on whether he still practices law?
A: Yes. The Committee conditioned its answer on the attorney's not being engaged in the practice of law and rendering no legal services.
Q: Did the whole Committee endorse the practice?
A: No. Several members who concurred in the result said the advertisement, although not in derogation of Canon 24, should be discouraged.
Background and rules framework
The opinion interprets former Texas Canon 24, which governed advertising and self-laudation by lawyers. The modern analog is ABA Model Rule 7.1 (communications concerning a lawyer's 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)
See also
- TX Ethics Op. 196: Lawyer-Owned Abstract Company and Advertising
- TX Ethics Op. 209: Former AUSA Title on an Announcement Card
- TX Ethics Op. 223: Newspaper Notice of New Association
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-194/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_194.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Can an attorney engaged full time in another legitimate business, having withdrawn completely from the practice of law, advertise such other business and, in so advertising, indicate as part of his qualifications for such other business that he is a "licensed attorney"?
18 Baylor L. Rev. 286 (1966)
ADVERTISING - ATTORNEY ENGAGED IN ANOTHER FULL TIME BUSINESS
An attorney engaged full time in another legitimate business, having withdrawn completely from the practice of law and rendering no legal services, may properly advertise such other business and indicate therein as part of his qualifications for such other business that he is a "licensed attorney."
Canon 24.
The committee is of the opinion that such advertisement does not violate the Canons of Ethics, provided such attorney is not engaged in the practice of law and renders no legal services. It was the expressed view of several members of the committee concurring with the majority opinion that such advertisement, although not in derogation of Canon 24, should be discouraged. (5-2.)
Tex. Comm. On Professional Ethics, Op. 194 (1959)
Get today's answer for your situation
You just read a 1959 opinion on this question. Ezel checks the current Texas Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.