Can Texas lawyers who have formed a new association run a newspaper notice announcing the association and one partner's change of office address?

Plain-English summary

The inquiry came from two lawyers who had been practicing independently in the same city, had formed an association, and one of whom was moving his office. They asked how long it would be permissible to advertise the new association and the office-address change in a newspaper.

The Committee held that any such newspaper notice was improper. It concluded the attorneys may not ethically publish any newspaper announcement of the new association and the change of office address, treating it as advertising and solicitation barred by Canon 24, and pointed to Opinions 207 and 210. The vote was 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 Treat this page as historical context, not current guidance.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 lawyers announce a newly formed partnership or association in the newspaper?

A: Under this opinion, no. The Committee held it was unethical for the attorneys to cause a newspaper notice to be published announcing the formation of their association.

Q: Did it matter that the same notice also reported an office-address change?

A: No. The Committee held the attorneys may not ethically publish any newspaper announcement of the new association and the change of office address, citing Opinions 207 and 210.

Background and rules framework

The opinion interprets former Texas Canon 24, on advertising and solicitation of professional employment, as applied to a newspaper notice announcing a newly formed law association and an office relocation. The Committee relied on its earlier Opinions 207 and 210. 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 207 and 210: newspaper announcements of office changes

See also

• TX Ethics Op. 218: Newspaper Notice of an Office Relocation
• TX Ethics Op. 221: Office-Move Announcements to Clients
• TX Ethics Op. 222: Announcement Card to Other Lawyers
• TX Ethics Op. 224: Lawyer Ad in a Circus Program
• TX Ethics Op. 236: Lawyer Ad in an Alumni Magazine

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-223/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_223.pdf

Original opinion text

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

QUESTION PRESENTED

Two lawyers who have been practicing independently in the same city have formed an association and one is moving his office to another location. How long is it permissible for the two attorneys to advertise in a newspaper the formation of this association and the change of office address of the one attorney?

18 Baylor L. Rev. 306 (1966)

ADVERTISING - SOLICITATION - NEWSPAPER ANNOUNCEMENT OF NEW ASSOCIATION OF ATTORNEY
It is unethical for attorneys to cause a newspaper notice to be published announcing the formation of an association by the attorneys and stating that one of them has changed his office address.

Canon 24.

The attorneys may not ethically publish any newspaper announcement of the new association and change of office address. See Opinions 207 and 210. (7-0.)

Tex. Comm. On Professional Ethics, Op. 223 (1959)