Can a lawyer mail an office-move announcement card touting 'new and enlarged quarters' and his memberships in courts and civic organizations?

Plain-English summary

The inquiry concerned an announcement card mailed by an attorney to other attorneys announcing the removal of his offices "to new and enlarged quarters," giving the new address, and adding his membership in the U.S. Court of Appeals Bar (8th Circuit, St. Louis), the American Judicature Society, and the Chamber of Commerce. The Committee concluded that the card violates the Canons (7-0).

The Committee explained that under Texas Canons 24, 39, and 42 as then written, an announcement card may be mailed only to fellow lawyers, clients, and others where contact is "warranted by personal relations," and may contain only name, profession, address, telephone number, and similar strictly informational items, avoiding all forms of self-laudation. The references to "new and enlarged quarters" and to the listed memberships are purely self-laudatory and not basic information needed to locate the lawyer; the card violates Canon 24 and does not fall within the exceptions permitted by Canon 39. One member viewed the "new and enlarged quarters" language as involving such slight self-laudation that it should not be noticed. The Committee added that while it is laudable for a lawyer to be interested in better offices and in bar and civic activities, he is prohibited from publicly pointing with pride to his accomplishments.

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 Treat this page as historical context, not current guidance.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: What may an announcement card contain under this opinion?

A: The Committee said the card may contain only name, profession, address, telephone number, and similar items that are strictly informational, and must avoid all forms of self-laudation.

Q: Why did "new and enlarged quarters" and the membership lists fail?

A: The Committee found those references purely self-laudatory and not basic information needed to locate the lawyer, so the card violated Canon 24 and did not fall within Canon 39's exceptions.

Q: To whom may such a card be mailed at all?

A: Under Canons 24, 39, and 42 as then written, only to fellow lawyers, clients, and others where the contact is "warranted by personal relations."

Background and rules framework

The opinion interprets former Texas Canons 24 (advertising and self-laudation), 39 (announcement cards and permitted informational items), and 42 (professional cards and listings). The modern analogs are ABA Model Rules 7.1 (communications concerning a lawyer's services) and 7.2 (advertising).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services) and MR 7.2 (advertising), as the modern analogs
• Texas Canons 24, 39, and 42 (former canons on advertising, announcement cards, and professional cards)

Other opinions cited:

• Texas Opinions 5, 8, 11, 14, 60, and 122: announcement cards and self-laudation
• ABA Committee Opinions 11 and 251

See also

• TX Ethics Op. 198: Bar Memberships on Letterhead
• TX Ethics Op. 222: Announcement Card Listing "Collections"
• TX Ethics Op. 221: Office-Move Cards to Clients and Others

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-199/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_199.pdf

Original opinion text

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

QUESTION PRESENTED

Does an announcement card, mailed by an attorney to other attorneys, announcing the removal of his offices "to new and enlarged quarters," giving the new address and adding thereon the following:

"And His Membership In The U. S. Court of Appeals Bar, 8th Circuit (St. Louis)
American Judicature Society
Chamber of Commerce."

violate the Canons of Ethics?

18 Baylor L. Rev. 288 (1966)

SOLICITATION - SELF-LAUDATION - PROFESSIONAL CARDS
An attorney may not send an announcement card to other attorneys announcing his removal to "new and enlarged quarters," his membership in the bar of specified courts, and membership in certain other civic and legal organizations.

Canons 24, 39, 42.

Under Texas Canons 24, 39 and 42 as now written, an announcement card may be mailed only to fellow lawyers, clients and such other individuals where this contact is "warranted by personal relations," and the card may contain only name, profession, address, telephone number and similar items which are strictly of an informational nature. The card must avoid all forms of self-laudation.

Opinions 5, 8, 11, 14, 60 and 122, among others, are pertinent, and see ABA Committee Opinions 11 and 251. Compare Drinker, Legal Ethics, pp. 239-240.

The references to "new and enlarged quarters" and membership in certain organizations are purely self-laudatory and not by way of supplying basic information needed by a client or others in locating the lawyer.

The card violates Canon 24 and does not fall within the exceptions permitted by Canon 39. One committee member expressed the view that the "new and enlarged quarters" language involves a certain amount of self-laudation, but seems so slight that it should not be noticed.

It is laudatory for the lawyer in question to be interested in better offices and in bar and civic activities such as he lists, but he is prohibited from so publicly pointing with pride to his accomplishments. (7-0.)

Tex. Comm. On Professional Ethics, Op. 199 (1960)