Can a lawyer list his out-of-state office in the yellow pages of a city where he has no office, under a heading like 'Patent Attorneys'?

Plain-English summary

The inquiry asked whether a Texas attorney, who has no office in Oklahoma City, may list his name, Texas office address, and telephone number in the yellow pages of the Oklahoma City telephone directory under the general title "Patent Attorneys." The Committee concluded that he may not (7-0).

The Committee held that such a listing violates Canon 24 and is not permitted by any of the exceptions in Canons 39, 41, and 42, citing Opinion 183, which held the listing improper whether under the title "Patent Attorneys" or otherwise. The Committee also pointed to Opinion 127, stating that a listing by a lawyer under the special heading "Patent Attorneys" or some similar special heading in the yellow pages of any town's telephone directory violates Canon 24.

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 Treat this page as historical context, not current guidance.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 advertise in the yellow pages of a city where he has no office?

A: The Committee concluded he may not; it held that listing his name and out-of-city office in another city's directory, where he has no office, violates Canon 24 (7-0).

Q: Does using a specialty heading like "Patent Attorneys" change the result?

A: No. The Committee said a listing under "Patent Attorneys" or any similar special heading in any town's directory violates Canon 24, citing Opinions 183 and 127.

Q: Do the announcement-card and listing exceptions save it?

A: No. The Committee found the listing is not permitted by any of the exceptions in Canons 39, 41, and 42.

Background and rules framework

The opinion interprets former Texas Canon 24 (advertising and solicitation) and the listing-related exceptions in Canons 39, 41, and 42. The modern analog is ABA Model Rule 7.2 (advertising), including the treatment of directory and specialty listings.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising), as the modern analog
• Texas Canons 24, 39, 41, and 42 (former canons on advertising and listings)

Other opinions cited:

• Texas Opinion 183: a directory listing of this kind is improper under any title
• Texas Opinion 127: a listing under a special heading such as "Patent Attorneys" violates Canon 24

See also

• TX Ethics Op. 241: Out-of-Town Directory Listing Without an Office
• TX Ethics Op. 196: Lawyer-Owned Abstract Company and Advertising
• TX Ethics Op. 218: Newspaper Office-Move Notices

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-200/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_200.pdf

Original opinion text

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

QUESTION PRESENTED

May a Texas attorney list his name, Texas office address and telephone number in the yellow pages of the Oklahoma City telephone directory under the general title "Patent Attorneys"? This attorney does not have an office in Oklahoma City.

18 Baylor L. Rev. 289 (1966)

ADVERTISING - PROFESSIONAL LISTINGS - TELEPHONE DIRECTORIES
A Texas lawyer may not list his name, Texas office address, and telephone number in the classified section of the Oklahoma City telephone directory under the general title "Patent Attorney" or any other title.

Canons 24, 39, 41, 42.

Such listing violates Canon 24 and is not permitted by any of the exceptions of Canons 39, 41 and 42. See Opinion 183. As set out in said Opinion 183, the listing is improper, whether under the title of "Patent Attorneys" or otherwise.

The committee also calls attention to Opinion 127. A listing by a lawyer under the special heading of "Patent Attorneys" or some similar special heading in the yellow pages of the telephone directory of any town is a violation of Canon 24. (7-0)

Tex. Comm. On Professional Ethics, Op. 200 (1960)