May a Texas district judge publish a printed Christmas greeting in a local newspaper, and would the same be improper for a practicing lawyer?

Plain-English summary

The inquiry asked whether it would violate the Canons for district judges to publish printed Christmas greetings in the newspapers.

The Committee held it would not (9-0). It explained that Texas Canon 24 prohibits a lawyer from soliciting employment directly or by advertisement, so a practicing attorney would act improperly and unethically by publishing a Christmas card in the newspaper, citing ABA Opinion 107 and City of New York Opinion 395. But the Committee recognized that an attorney who is a public official has, in the past, been recognized as having a need to advertise, and that this is permissible at least so long as it cannot be considered in any manner a direct solicitation of future employment. The Committee noted a different situation could arise if a judge were shortly retiring and ran such an announcement as an indirect solicitation, which would violate Canon 24, and observed that any objection to a judge participating in such a public advertisement is a matter of etiquette, not ethics.

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 Treat this page as historical context, not current guidance.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 district judge run a printed Christmas greeting in the local newspaper?

A: Under this opinion, yes. The Committee held district judges may publish printed Christmas greetings in their local newspapers, so long as the greeting is not in any manner a direct solicitation of future employment.

Q: Could a practicing lawyer do the same?

A: No. The Committee stated that a practicing attorney would act improperly and unethically under Canon 24 by publishing a Christmas card in the newspaper, because Canon 24 prohibits soliciting employment directly or by advertisement.

Q: When would a judge's newspaper greeting cross the line?

A: The Committee said a situation could arise where a judge shortly retiring ran such an announcement as an indirect solicitation, which would violate Canon 24.

Background and rules framework

The opinion interprets former Texas Canons 24 (advertising and solicitation) and 39 (the professional card), as applied to a newspaper Christmas greeting by a district judge. The Committee cited ABA Opinion 107 and City of New York Opinion 395. 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), as the modern analog
• MR 7.2 (advertising), as the modern analog
• Texas Canons 24 and 39 (former canons)

Other opinions cited:

• ABA Opinion 107
• City of New York Opinion 395: mailing Christmas greeting cards bearing a lawyer's name and "counselor" held unethical

See also

• TX Ethics Op. 207: District Judge Practicing Law and Soliciting
• TX Ethics Op. 209: Former Title on an Announcement Card
• TX Ethics Op. 224: Lawyer Ad in a Circus Program

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-210/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_210.pdf

Original opinion text

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

QUESTION PRESENTED

Would it violate the Canons of Ethics for district judges to publish printed Christmas greetings in the newspapers?

18 Baylor L. Rev. 297 (1966)

SOLICITATION - PUBLICATION OF PRINTED CHRISTMAS GREETINGS BY DISTRICT JUDGES
District Judges may publish printed Christmas greetings in their local newspapers.

Canons 24, 39.

Such action would not constitute a violation of the Canon of Ethics.

Texas Canon 24 prohibits a lawyer from soliciting employment directly or by advertisement, directly or indirectly. It, therefore, is beyond question that a practicing attorney would be acting in an improper and unethical manner if he published a Christmas card in the newspaper; see also ABA Opinion No. 107, and City of New York Opinion No. 395 (holding it unethical for a lawyer to mail Christmas greeting cards bearing his name and "counselor" to clients ).

In the past, however, the need of an attorney who is a public official to advertise has been recognized, and it has been held that this is permissible, at least so long as it cannot be considered in any manner a direct solicitation of future employment.

A fact situation might, of course, be envisioned where a judge was shortly retiring and was running such an announcement as an indirect solicitation, and then such conduct would be in violation of Texas Canon 24. Perhaps many lawyers feel that it is beneath the dignity of the judiciary or beneath the dignity of a lawyer acting in a judicial capacity to participate in such a public advertisement, but this is a matter of etiquette and not of ethics. (9-0.)

Tex. Comm. On Professional Ethics, Op. 210 (1960)