Can a Texas criminal-law attorney announce an office relocation in the newspaper or by sending notices to taverns and clubs?

Plain-English summary

A criminal-law attorney who was moving his office asked whether he could place a newspaper notice of the move and send change-of-location notices to places of business such as taverns and clubs.

The Committee held he could not do either. It explained that the new office address could be given by dignified notices sent personally to clients and other persons so closely connected with the attorney as to justify the contact for their convenience, but that a newspaper advertisement is an unjustified and unnecessary public solicitation of legal business that violates Canon 24. The vote on the newspaper question was 7-1, with one member willing to allow a small, inconspicuous two-inch, one-column announcement. Sending notices to establishments where the attorney anticipates getting business was likewise held to be direct advertisement prohibited by Canon 24, because such notices would not be limited to present clients or friends (7-0).

Currency note

This opinion was issued in 1959, 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 Treat this page as historical context, not current guidance.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: Could a lawyer announce an office relocation in the newspaper?

A: Under this opinion, no. The Committee held a newspaper advertisement is an unjustified and unnecessary public solicitation of legal business that violates Canon 24.

Q: Could the lawyer mail relocation notices to taverns, clubs, and similar businesses?

A: No. The Committee held that sending such notices to establishments where the attorney anticipates getting business is direct advertisement prohibited by Canon 24.

Q: How could the lawyer properly announce the move?

A: The Committee stated the new office address could be given by dignified notices sent personally to clients and other persons so closely connected with the attorney as to justify the contact for their convenience.

Background and rules framework

The opinion interprets former Texas Canon 24, on advertising and solicitation of professional employment, as applied to a newspaper notice and to notices sent to business establishments announcing an office relocation. The Committee relied on its earlier Opinions 5, 68, 96, and 102. 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 Canon 24 (former canon)

Other opinions cited:

• Texas Ethics Opinions 5, 68, 96, and 102: announcements and personal notices of office changes

See also

• TX Ethics Op. 221: Office-Move Announcements to Clients
• TX Ethics Op. 222: Announcement Card to Other Lawyers
• TX Ethics Op. 223: Newspaper Notice of a New Law Association
• TX Ethics Op. 224: Lawyer Ad in a Circus Program

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-218/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_218.pdf

Original opinion text

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

QUESTION PRESENTED

An attorney who specializes in the practice of criminal law is moving his law office to another location. Would it violate the Canons of Ethics to place a notice to that effect in the newspapers. Would it violate the Canons to send notices of the change of location to places of business such as taverns and clubs?

18 Baylor L. Rev. 302 (1966)

ADVERTISEMENT - SOLICITATION - NEWSPAPER ANNOUNCEMENT OF CHANGE OF OFFICE LOCATION
An attorney may not properly place a notice in a newspaper announcing a change of location of his office.

ADVERTISEMENT - SOLICITATION - SENDING TO BUSINESS ESTABLISHMENTS NOTICES OF A CHANGE OF OFFICE LOCATION
An attorney may not send to business establishments such as taverns and clubs any notice of a change of his office location.

Canon 24.

Announcement of the new office address can be given by dignified notices sent personally to clients and other persons so closely connected with the attorney as to justify such contact for their convenience. A newspaper advertisement is an unjustified and unnecessary public solicitation of legal business and violates Canon 24. (See also Opinions 5, 68, 96, 102.)

One member expressed the view that the publishing of a small (two inch, one column) and inconspicuous announcement would not violate the Canons. (7-1. )

To send notices of the change of office location to establishments where the attorney anticipates getting business also constitutes direct advertisement prohibited by Canon 24. Such notices would not be limited to present clients or friends as contemplated in Opinion 102 of this committee. (7-0.)

Tex. Comm. On Professional Ethics, Op. 218 (1959)