Can a lawyer solicit real estate business for a friend who is a realtor, hoping to be hired to prepare the real estate papers?

Plain-English summary

A practicing Texas attorney asked whether he could solicit real estate business for a friend operating as a realtor, in two scenarios: where the attorney had no interest beyond friendship, and where he hoped to benefit by preparing the real estate papers.

The Committee drew a line between the two. It said an attorney does not violate the canons by soliciting real estate business for a friend when he has no interest other than friendship. But when the attorney hopes to benefit by preparing the real estate papers, he is guilty of solicitation in violation of Canon 24, which proscribes indirect solicitation. One who solicits business for a friend in the hope of obtaining professional employment for himself violates Canon 24. The Committee ruled 9-0.

Currency note

This opinion was issued in 1963, 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 Treat this page as historical context, not current guidance.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 steer business to a realtor friend?

A: Under this opinion, yes, when the lawyer's only interest is friendship; the Committee said that does not violate the canons.

Q: What if the lawyer hopes to get the legal work out of it?

A: Then the Committee said it is indirect solicitation in violation of Canon 24, because the lawyer is soliciting business for a friend in the hope of obtaining professional employment for himself.

Background and rules framework

The opinion interprets former Texas Canon 24, which prohibited direct and indirect solicitation of legal business. 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)

See also

• TX Ethics Op. 300: Adoption Agency's "Legal Adoption" Circular Naming Its Attorney
• TX Ethics Op. 280: Will Reciting That the Drafting Attorney Holds a Duplicate Original
• TX Ethics Op. 277: Lawyer Listings in a Business Guide and City Directory

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-265/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_265.pdf

Original opinion text

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

QUESTION PRESENTED

May a practicing attorney of the Texas Bar solicit real estate business for a friend who is operating as a realtor
Where the attorney has no interest other than friendship;
Where the attorney hopes to benefit by preparing real estate papers?

18 Baylor L. Rev. 340 (1966)

SOLICITATION
A member who solicits business for a friend in the hope of obtaining professional employment violates Canon 24.

Canon 24.

It is the opinion of the committee that an attorney does not violate the Canons of Ethics by soliciting real estate business for a friend when the attorney has no interest other than friendship.

However, when the attorney hopes to benefit by preparing real estate papers, he is guilty of solicitation in violation of Canon 24, proscribing indirect solicitation. One who solicits business for a friend in the hope of obtaining professional employment for himself violates Canon 24. (9- 0.)

Tex. Comm. On Professional Ethics, Op. 265 (1963)