Can a lawyer print practice areas like "Land Titles, Wills and Probate Matters" at the top of his letterhead?

Plain-English summary

The question was whether a member could use a letterhead printed at the top with the words "Land Titles, Wills and Probate Matters."

The Committee concluded that he could not. Listing such specialties on a lawyer's letterhead was advertising prohibited by Canon 24. The Committee pointed to its earlier Opinion 267 (October 1963) and noted Canons 39, 41, and 42 along with A.B.A. Canon 27. The ruling was 9-0.

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 Treat this page as historical context, not current guidance.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 list practice areas on his letterhead?

A: The Committee said no. It concluded that printing specialties like "Land Titles, Wills and Probate Matters" on a letterhead was advertising prohibited by Canon 24.

Q: Which canon controlled the result?

A: Canon 24. The Committee also referred to Canons 39, 41, and 42, its earlier Opinion 267, and A.B.A. Canon 27.

Q: Did the Committee treat this as a settled question?

A: It relied on its prior ruling, Opinion 267 (October 1963), in reaching the same conclusion here.

Background and rules framework

The opinion interprets former Texas Canon 24 (advertising), along with Canons 39, 41, and 42. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.4 (communication of fields of practice and specialization), which now governs how a lawyer may describe practice areas.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.4 (communication of fields of practice and specialization), as the modern analog
• Texas Canons 24, 39, 41, and 42 (former canons)
• A.B.A. Canon 27 (former ABA canon, cited in the opinion)

Other opinions cited:

• Texas Opinion 267 (October 1963): the prior ruling the Committee relied on

See also

• TX Ethics Op. 306: Military Rank on a Lawyer's Professional Calling Card
• TX Ethics Op. 318: County Attorney's Firm, Criminal Defense, and a "Civil Counsel" Letterhead
• TX Ethics Op. 321: Attorney Listing in a Statewide Classified Directory

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-305/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_305.pdf

Original opinion text

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

QUESTION PRESENTED

Is it unethical for a member to use a letterhead at the top of which is printed the words "Land Titles, Wills and Probate Matters"?

18 Baylor L. Rev. 368 (1966)

Yes. The listing of such specialties on a lawyer's letterhead is advertising prohibited by Canon 24. Opinion 267 (October, 1963); see Canons 39, 41 and 42 and A.B.A. Canon 27. (9-0.)

SOLICITATION - SPECIALISTS - LETTERHEADS
A member may not properly include on his letterhead the words "Land Titles, Wills and Probate Matters."

Tex. Comm. On Professional Ethics, Op. 305 (1965)