Can a Texas lawyer run a newspaper ad offering to buy and sell real estate mortgage notes and arrange loans, with their name and contact information?

Plain-English summary

The inquiry asked whether a listing in a metropolitan newspaper reading "Real Estate mortgage notes bought and sold, business, residential, repair loans," with the attorney's name (designated "Attorney"), address, and telephone number under the heading "Real Estate Loans," violated the Canons.

The committee answered unanimously that it did. It found a violation of Canon 39, which governs the professional card, and also of Canon 24, on direct or indirect solicitation. The vote was 8-0.

Currency note

This opinion was issued in 1950, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Lawyer advertising restrictions of this kind were also reshaped by later constitutional decisions beginning with Bates v. State Bar of Arizona (1977). Subsequent rule amendments or later opinions may have changed the analysis; lawyer advertising is now addressed by ABA Model Rules 7.1 and 7.2. Treat this page as historical context, not current guidance.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: Why was this ad improper when a plain professional card is allowed?

A: The committee found the ad went beyond a permissible professional card. By advertising specific commercial services ("mortgage notes bought and sold," various loans), it violated Canon 39 and also amounted to solicitation under Canon 24.

Q: Did the ad's placement under a "Real Estate Loans" business heading matter?

A: The committee described the listing as it appeared, under the heading "Real Estate Loans," and held the whole presentation improper. It did not carve out the heading as a separate factor; the unanimous conclusion was that the ad violated Canons 24 and 39.

Background and rules framework

The opinion interprets former Texas Canon 39 (professional card) and Canon 24 (solicitation, direct or indirect), applied to a newspaper advertisement for an attorney's services. The modern analogs are ABA Model Rule 7.1 (communications about a lawyer's services) and Model Rule 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

See also

• TX Ethics Op. 25: Newspaper Professional Listings
• TX Ethics Op. 40: Income-Tax Newspaper Advertisement
• TX Ethics Op. 28: Dog-Show Catalogue Stud-Fee Ad

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-24/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_24.pdf

Original opinion text

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

QUESTION PRESENTED

Is the listing of the following:
"Real Estate mortgage notes bought and sold, business, residential, repair loans
(Name) Attorney (Address)
(Telephone Number)"
Under the heading "Real Estate Loans L-1," in one of the metropolitan newspapers published in this state a violation of the Canons of Ethics?

18 Baylor L. Rev. 206 (1966)

SOLICITATION - ADVERTISING - PROFESSIONAL LISTING - NEWSPAPERS
An ad in a newspaper stating "Real Estate mortgage notes bought and sold, business, residential, repair loans" accompanied by the name, address, and telephone number of an attorney, is improper.

Canons 24, 39.

The committee is of the opinion that such an ad is in violation of Canon 39, which deals with the subject of Professional Card. We are of the opinion that it also violates Canon 24, which deals with the subject of Solicitation, Direct or Indirect. (8-0)

Tex. Comm. On Professional Ethics, Op. 24 (1950)