Can a lawyer list his memberships in the American, state, and local bar associations on his letterhead?

Plain-English summary

The inquiry asked whether a lawyer may include on his stationery a listing that he is a "Member" of the American Bar Association, the Texas State Bar Association, and the Dallas Bar Association. The Committee concluded that doing so would be a violation and not proper (7-0).

The Committee anchored the answer to Canon 24, which listed some forms of solicitation and stated that indirect advertisements and "all other like self-laudation should be avoided." Because the listing is not for the benefit of a client (unlike an address, office hours, or telephone number), the Committee found it as much a self-laudatory statement as listing that the lawyer is an M.D., a mayor, or a former district attorney, all of which had been disapproved. The Committee compared Opinion 31 (deceased relatives' names may not be carried on a letterhead) and Opinion 122, and cited Drinker, Legal Ethics (1953), at 229, for the view that a letterhead may not state that the lawyer is a member of a bar association.

Currency note

This opinion was issued in 1960, 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 Treat this page as historical context, not current guidance.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 put his bar association memberships on his letterhead?

A: The Committee concluded he may not; it treated the listing as self-laudation prohibited by Canon 24 (7-0).

Q: Why was the listing treated as self-laudation rather than information?

A: The Committee said it is not for the benefit of a client, unlike an address, office hours, or telephone number, so it functions as self-laudation like listing that the lawyer is an M.D. or former district attorney.

Q: What authority did the Committee rely on?

A: It applied Canon 24, compared Texas Opinions 31 and 122, and cited Drinker's Legal Ethics (1953) at 229 for the view that a letterhead may not state bar association membership.

Background and rules framework

The opinion interprets former Texas Canon 24, which governed advertising and self-laudation, including a clause that "all other like self-laudation should be avoided." 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 and self-laudation)

Other opinions cited:

• Texas Opinion 31: names of deceased relatives may not be carried on a letterhead
• Texas Opinion 122
• ABA Committee Opinions referenced via Drinker, Legal Ethics (1953), at 229

See also

• TX Ethics Op. 199: Announcement Card With Memberships and "Enlarged Quarters"
• TX Ethics Op. 209: Former AUSA Title on an Announcement Card
• TX Ethics Op. 222: Announcement Card Listing "Collections"

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-198/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_198.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 include on his stationery the following:
"Member
American Bar Association
Texas State Bar Association
Dallas Bar Association"?

18 Baylor L. Rev. 288 (1966)

SOLICITATION - SELF-LAUDATION - STATIONERY
An attorney may not indicate on his stationery that he is a member of the American, state, and local bar associations.

Canon 24.

Such would be a violation and not proper.

Texas Canon 24 lists some forms of solicitation, and says, "Indirect advertisements for professional employment such as furnishing or inspiring newspaper comments about causes in which the member is engaged or the importance of the member's position, and all other like self- laudation should be avoided."

Compare Texas Opinion 31, saying that names of deceased relatives may not be carried on the letterhead. See also Opinion 122. Drinker, Legal Ethics (1953), 229, says that the letterhead "may not contain a statement that . . . he is a member of the American Bar Association or other bar association," citing some New York committee opinions for those views.

Since the statement in question is not for the benefit of a client (such as a statement of address, office hours, telephone, etc.), it seems to be as much a self-laudatory statement as a statement that the lawyer is an M.D., Mayor, former district attorney, etc., all of which statements have been disapproved. (7-0.)

Tex. Comm. On Professional Ethics, Op. 198 (1960)