Can a Texas lawyer send other local lawyers an office-opening announcement card stating 'General Civil Practice - Collections'?

Plain-English summary

The inquiry asked whether an attorney could send a printed announcement card about opening law offices to other members of the local bar in the same city, where the card stated, besides name, address, and phone number, "General Civil Practice - Collections."

The Committee held he could not. It reasoned the "collections" announcement was a direct solicitation of legal business in violation of Canon 24 unless permissible under Canon 42. Canon 42 permitted only publication, in legal periodicals and like publications, of a notice relating to "specialized legal services," and that term had been construed very strictly, so that apparently nothing except taxation, copyright, and patent practice fell within it. The majority concluded the card did not meet Canon 42's "publication" or "specialized legal services" requirements and clearly violated it. The vote was 5-3.

The majority added that an announcement of specialized practice mailed to other members of the bar should not be a violation, and suggested the State Bar consider amending Canon 42 to conform more nearly to the companion ABA Canon 46.

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 Treat this page as historical context, not current guidance.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 list a practice area like "collections" on an announcement card to other lawyers?

A: Under this opinion, no. The Committee held the "collections" reference was a direct solicitation in violation of Canon 24 that did not qualify under Canon 42's narrow allowance for specialized legal services.

Q: What counted as "specialized legal services" under Canon 42 at the time?

A: The Committee noted the term had been construed very strictly, so that apparently nothing except taxation, copyright, and patent practice fell within the classification.

Q: Did the committee think the rule should stay that way?

A: No. The majority believed an announcement of specialized practice mailed to other members of the bar should not be a violation, and suggested the State Bar consider amending Canon 42 to conform to the companion ABA Canon 46.

Background and rules framework

The opinion interprets former Texas Canon 24 (advertising and solicitation of professional employment) and Canon 42 (publication of notices of specialized legal service), as applied to an office-opening announcement card sent to other lawyers. The modern analogs are ABA Model Rules 7.1 (communications concerning a lawyer's services) and 7.4 (communication of fields of practice and specialization).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.4 (communication of fields of practice and specialization), as the modern analog
• Texas Canons 24 and 42 (former canons)

Other opinions cited:

• Texas Ethics Opinions 2, 10, 15, 52, 77, 98, 112: advertising and specialized-service notices
• ABA Opinions 36, 145, 159, 183, 203, 223, 251, 263; ABA Canon 46

See also

• TX Ethics Op. 218: Newspaper Notice of an Office Relocation
• TX Ethics Op. 221: Office-Move Announcements to Clients
• 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-222/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_222.pdf

Original opinion text

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

QUESTION PRESENTED

Is it proper for an attorney to send a printed announcement card, concerning the opening of law offices, to other members of the local bar located in the same city, which card states, in addition to name, address and phone number, "General Civil Practice C Collections"?

18 Baylor L. Rev. 306 (1966)

SOLICITATION - ANNOUNCEMENT CARDS - NOTICE OF SPECIALIZED LEGAL SERVICE
An attorney may not properly send a printed announcement card, concerning the opening of law offices to other members of the local bar, which card states that the attorney will engage in "General Civil PracticeΧCollections."

Canons 24, 42.

The "collections" announcement is a direct solicitation of legal business in violation of Canon 24 unless it is permissible under Canon 42. Canon 42 permits only the "publication" in legal periodicals and like publications of such a notice, then only if the notice relates to "specialized legal services." "Specialized legal services" has been construed very strictly, so that apparently nothing except taxation, copyright, and patent practice fall within that classification.

See Opinions 52, 77, 15, 2, 10, and 112. See also ABA Opinions 36, 145, 159, 183, 203, 223, and 263.

The majority of the committee is of the opinion that the announcement card does not meet the requirements of "publication" of a notice relating to "specialized legal services" within the meaning of Canon 42, and that use of the card in the manner contemplated clearly violates Canon 42 as it is now written.

See Opinions 15, 98, 112. See also ABA Opinion 251.

However, the majority also believes that such an announcement of specialized practice mailed to other members of the bar should not be a violation of the Canons, and suggests that the State Bar consider the possibility of amending Canon 42 to more nearly conform to the "companion" ABA Canon 46 which apparently authorizes such procedure. (5-3.)

Tex. Comm. On Professional Ethics, Op. 222 (1959)