Can a lawyer entering private practice note on his announcement cards that he was a former Assistant United States Attorney?

Plain-English summary

The inquiry asked whether a lawyer entering private practice could include, on printed announcement cards mailed to actual clients, personal friends, and other members of the bar, a statement that he was a former Assistant United States Attorney.

The Committee held he could not (9-0). It reasoned that professional announcement cards printed for mailing to actual clients, personal friends, and other members are limited strictly to information beneficial to those recipients, that is, name, address, office hours, telephone number, or other items of such an informational nature. A statement of the former official position fell outside that permitted content and would violate 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 Treat this page as historical context, not current guidance.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 a former government position on practice-announcement cards?

A: Under this opinion, no. The Committee held a former Assistant United States Attorney may not include his former official position on a card announcing his entry into private practice.

Q: What could the announcement card contain?

A: The Committee said such cards are limited strictly to information beneficial to the recipients, that is, name, address, office hours, telephone number, or other items of such an informational nature.

Background and rules framework

The opinion interprets former Texas Canon 24, on advertising and solicitation of professional employment, as applied to the content of a private-practice announcement card. 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)

See also

• TX Ethics Op. 218: Newspaper Notice of an Office Relocation
• TX Ethics Op. 222: Announcement Card to Other Lawyers
• TX Ethics Op. 224: Lawyer Ad in a Circus Program

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-209/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_209.pdf

Original opinion text

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

QUESTION PRESENTED

Is it permissible for a member entering private practice to include, on printed announcement cards which he mails to actual clients, personal friends and other members, a statement to the effect that he was a former Assistant United States Attorney?

18 Baylor L. Rev. 296 (1966)

PROFESSIONAL ANNOUNCEMENT CARDS - LISTING OF FORMER POSITIONS HELD
A former Assistant United States Attorney may not properly include his former official position on a professional card announcing his entering into private practice.

Canon 24.

Such would be a violation of the Canons of Ethics.

Professional announcement cards printed for mailing to actual clients, personal friends and other members, are limited in content strictly to information which is beneficial to said clients, personal friends or other members; that is, name, address, office hours, telephone number, or other items of such an informational nature. (9-0.)

Tex. Comm. On Professional Ethics, Op. 209 (1960)