Can a lawyer accept adoption cases when the placement agency hands prospective parents a circular naming him and his fee?

Plain-English summary

A reputable home or agency that placed babies with foster parents for adoption distributed to prospective adopting parents a mimeographed information sheet titled "Legal Adoption." The sheet advised that adopting parents could retain the agency's attorney to handle the adoption proceeding and gave the attorney's name, address, telephone number, and fee. The question was whether the attorney could accept adoption cases solicited that way.

The Committee concluded that Canon 24 prohibits both direct and indirect solicitation of professional employment by circulars or advertisements or through touters of any kind. If the attorney permits or acquiesces in distribution of the information sheet, or knowingly accepts employment from the people who receive it, he violates Canon 24. The Committee expressed no opinion on whether the agency's activities amounted to unauthorized practice of law, or on whether the attorney's conduct might violate Canon 32 or Canon 43. The ruling was 8-0.

Currency note

This opinion was issued in 1965, 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 Treat this page as historical context, not current guidance.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 let a third party hand out a circular naming him to potential clients?

A: The Committee said no on these facts. If the attorney permits or acquiesces in the agency distributing the "Legal Adoption" circular, he violates Canon 24's bar on indirect solicitation through circulars or touters.

Q: What if the lawyer just accepts the cases that come from the circular?

A: The Committee said knowingly accepting employment from the people who received the circular also violates Canon 24.

Q: Did the Committee decide whether the agency was practicing law without a license?

A: No. It expressly declined to opine on whether the agency's activities constituted unauthorized practice of law, or on whether the attorney's conduct might violate Canon 32 or Canon 43.

Background and rules framework

The opinion interprets former Texas Canon 24, which barred direct and indirect solicitation of professional employment by circulars, advertisements, or touters. The modern analogs are ABA Model Rule 7.3 (solicitation of clients) and Model Rule 7.1 (communications concerning a lawyer's services).

Citations and references

Rules of Professional Conduct:

• MR 7.3 (solicitation of clients), as the modern analog
• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• Texas Canon 24 (former canon)

See also

• TX Ethics Op. 309: County Attorney Soliciting Private Work and Taking Referral Fees
• TX Ethics Op. 305: Listing Practice Specialties on a Lawyer's Letterhead
• TX Ethics Op. 322: Holiday Greetings to the Public Through Advertising

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-300/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_300.pdf

Original opinion text

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

QUESTION PRESENTED

A reputable home or agency, which places babies with foster parents for adoption, distributes to prospective adopting parents a mimeographed information sheet, entitled "Legal Adoption," advising that adopting parents may retain the agency's attorney to handle the adoption proceeding and giving the attorney's name, address, telephone number, and the amount of his fee. Is it unethical for the attorney to accept adoption cases so solicited?

18 Baylor L. Rev. 366 (1966)

Canon 24 prohibits both direct and indirect solicitation of professional employment by circulars or advertisements or through touters of any kind. If the attorney permits or acquiesces in distribution of the information sheet, or knowingly accepts employment by the distributees, he violates Canon 24. (8-0.) (No opinion is expressed as to whether the agency's activities constitute unauthorized practice of law or as to whether the attorney's conduct might violate Canon 32 or Canon 43.)

SOLICITATION
It is unethical for an attorney to permit his client, an agency for placing babies with adopting parents, to distribute a "Legal Adoption" circular suggesting that he be employed to handle adoption cases.

Tex. Comm. On Professional Ethics, Op. 300 (1965)