Can a lawyer serve as chairman or a member of a church's Committee on Wills and Legacies without violating the rules on solicitation?

Plain-English summary

The inquiry asked whether an attorney may serve as chairman of a local church's Committee on Wills and Legacies without violating the Canons.

The Committee said there was nothing unethical per se about a lawyer serving on, or chairing, such a committee, and that serving in that capacity was commendable and to be expected. It declined to generalize about what specific conduct or activity of the chairman or a committee member might, because of the committee's functions, violate the Canons. It cautioned that a lawyer-member should take care to avoid violating, in addition to Canon 24, Canons 6, 9, 25, 32, and 43. The ruling was 9-0.

Currency note

This opinion was issued in 1962, 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 Treat this page as historical context, not current guidance.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 lawyer chair a church's wills and legacies committee?

A: Under this opinion, yes. The Committee said there is nothing unethical per se about a lawyer serving as chairman or member of such a committee, and that the service is commendable and to be expected.

Q: Did the opinion clear all conduct in that role?

A: No. The Committee declined to generalize about specific conduct and cautioned that a lawyer-member should take care to avoid violating Canons 24, 6, 9, 25, 32, and 43.

Background and rules framework

The opinion interprets former Texas Canon 24, which prohibited advertising and solicitation, as applied to a lawyer's volunteer role on a church committee that deals with wills and bequests. The modern analogs are ABA Model Rule 7.1, on communications concerning a lawyer's services, and Model Rule 7.3, on solicitation of clients.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canon 24 (former canon); the opinion also flags Canons 6, 9, 25, 32, and 43

See also

• TX Ethics Op. 300: Agency Circular Naming a Lawyer
• TX Ethics Op. 303: Church Directory Listing
• TX Ethics Op. 265: Soliciting Work via a Friend

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-246/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_246.pdf

Original opinion text

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

QUESTION PRESENTED

May an attorney serve as chairman of the Committee on Wills and Legacies of a local church without violating the provisions of the Canons of Ethics?

18 Baylor L. Rev. 323 (1966)

SOLICITATION, DIRECT OR INDIRECT
An attorney may properly serve as chairman, or as a member, of a church's Committee on Wills and Legacies.

Canon 24.

There is nothing unethical per se about a lawyer's serving on, or being chairman of, a church's Committee on Wills and Legacies. Indeed, for a lawyer to serve in such a capacity is commendable and to be expected. The Ethics Committee cannot, however, in this opinion, generalize as to what specific conduct or activity of such chairman or committee member might be, by reason of the church committee's functions, in violation of certain of the Canons of Ethics. Care should be taken by a lawyer-member to avoid violation of, in addition to Canon 24, Canons 6, 9, 25, 32 and 43. (9-0. )

Tex. Comm. On Professional Ethics, Op. 246 (1962)