Can a lawyer list his name and phone number in the yellow-pages 'Attorneys' section, including in nearby towns that have no lawyers?

Plain-English summary

The inquiry asked two questions: whether listing practicing attorneys' names and telephone numbers under "Attorneys" or "Lawyers" in the classified (yellow-page) section of telephone directories is unethical, and whether such a listing is limited to the attorney's own city or may appear in directories for neighboring places that have no attorneys.

On the first question, the committee noted that it was the same question covered by its Opinion 6 (April 1947) and was unanimous that such a listing does not violate any of the Texas Canons (10-0). On the second question, the committee was unanimous that listing in neighboring towns with no attorneys would also not violate the Canons, though one member thought such a listing should also include all other attorneys in the particular area or town (10-0).

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. The advertising framework the opinion applies predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which held that categorical bans on lawyer advertising violate the First Amendment, so the Canon framework used here has since been substantially narrowed; lawyer advertising is now addressed by ABA Model Rule 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 Treat this page as historical context, not current guidance.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: Could a lawyer list in the yellow pages under "Attorneys"?

A: Yes. The committee held unanimously (10-0) that the classified directory listing of a lawyer's name and phone number under "Attorneys" or "Lawyers" did not violate the Canons, consistent with its earlier Opinion 6.

Q: Could a lawyer list in a neighboring town's directory where no lawyers practiced?

A: Yes. The committee held (10-0) that such a listing in neighboring towns with no attorneys was also proper, though one member would have required that all other area attorneys be listed too.

Background and rules framework

The opinion interprets former Texas Canons 24 and 39 (advertising, solicitation, and professional listings), applied to classified telephone-directory listings, and refers back to the committee's Opinion 6 (April 1947). The modern analog is ABA Model Rule 7.2 (advertising).

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising), as the modern analog
• Texas Canons 24 and 39

Cases:

• Bates v. State Bar of Arizona, 433 U.S. 350 (U.S. 1977), held categorical bans on lawyer advertising unconstitutional (noted for currency; not cited in the 1950 opinion)

Other opinions cited:

• Tex. Comm. on Professional Ethics, Op. 6 (Apr. 1947), the same question on directory listings

See also

• TX Ethics Op. 29: Newspaper Professional-Directory Listings
• TX Ethics Op. 51: Listing in a Classified Directory
• TX Ethics Op. 68: "Tax Service" on a Professional Card

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-30/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_30.pdf

Original opinion text

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

QUESTION PRESENTED

Is the listing in the classified section of telephone directories (commonly known as the "yellow page" section) of practicing attorneys' names and telephone numbers under the heading "Attorneys" or "Lawyers" considered unethical?
Is such listing or classification limited to the city or town in which such attorney resides, or practices, or may such listings be made in directories for other places in the vicinity in which there are no practicing attorneys?

18 Baylor L. Rev. 209 (1966)

SOLICITATION - PROFESSIONAL LISTINGS - TELEPHONE DIRECTORIES
The listing of attorney's names and telephone numbers under the heading "Attorneys" or "Lawyers" in the classified section of telephone directories, is proper.

SOLICITATION - PROFESSIONAL LISTINGS - TELEPHONE DIRECTORIES - NEIGHBORING TOWNS
The listing of attorneys' names and telephone numbers under the heading "Attorneys" or "Lawyers" in the classified section of telephone directories for neighboring towns where there are no attorneys, is proper.

Canons 24, 39.

It is the unanimous opinion of the committee that Section 1 of this question is the same question covered by Opinion 6 of the committee, which was handed down in April, 1947, and reference is here made to such prior opinion.

It is the unanimous opinion of the present committee that such a listing is not in violation of any of the Canons of Ethics of the State Bar of Texas. (10-0)

With regard to Section 2 above, it is the unanimous opinion of the committee that such a listing in neighboring towns where there are no attorneys would not be in violation of any of the Canons of Ethics of the State Bar of Texas. However, one member of the committee is of the opinion that such a listing should also include "the listing of all other attorney in the particular area or town." (10-0)

Tex. Comm. On Professional Ethics, Op. 30 (1950)