Can a lawyer let a company use his name and photograph in the company's newspaper advertising?

Plain-English summary

The inquiry described a newspaper advertisement run by Blue Sky Airlines that prominently displayed a photograph of attorney John Doe, headlined to recount how the lawyer had combined a business trip to New York with a relaxing "triangle trip" to Miami on the airline. The question was whether the lawyer had violated the Canons of Ethics.

The Committee acknowledged that the appearance of an attorney's name in a commercial institution's advertisement had been approved before, but only with specific and strict limitations, citing ABA Opinion 285 (September, 1951) and Texas Opinions 188 (October, 1958) and 283 (June, 1964).

The Committee held that the airline advertisement did not fall within those limitations. If attorney John Doe knowingly permitted the airline to use his name and picture, there would be a clear violation of Canon 24. If the use occurred without his knowledge and consent, the Committee said he should promptly advise the airline of his disapproval and terminate any further publication. The ruling was 8-0.

Currency note

This opinion was issued in 1966, 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 misleading communications 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 Treat this page as historical context, not current guidance.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 business use his name and photo in the business's advertising?

A: The Committee said no on these facts: knowingly permitting an airline to use his name and picture in its newspaper ad would be a clear violation of Canon 24.

Q: Had the Committee ever approved a lawyer's name appearing in a commercial ad?

A: Yes, but only within specific and strict limitations, citing ABA Opinion 285 and Texas Opinions 188 and 283. The Committee held the airline ad did not fall within those limitations.

Q: What if the lawyer's name and picture were used without his consent?

A: The Committee said he should promptly advise the company of his disapproval and terminate any further publication.

Background and rules framework

The opinion interprets former Texas Canon 24, which governed advertising and solicitation by lawyers. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services must not be false or misleading) and Model Rule 7.2 (advertising).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.2 (advertising), as the modern analog
• Texas Canon 24 (former canon)

Other opinions cited:

• ABA Opinion 285 (September, 1951): conditions for a lawyer's name appearing in a commercial advertisement
• Texas Opinion 188 (October, 1958): same subject
• Texas Opinion 283 (June, 1964): same subject

See also

• TX Ethics Op. 322: Holiday Greetings to the Public Through Advertising
• TX Ethics Op. 321: Attorney Listing in a Statewide Classified Directory
• TX Ethics Op. 340: Political-Candidate Advertising in an Organization Newspaper

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-320/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_320.pdf

Original opinion text

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

QUESTION PRESENTED

Blue Sky Airlines published a newspaper ad prominently displaying the picture of attorney John Doe, headlined as follows:

"Last time attorney John Doe flew to New York he tried a Blue Sky Airlines triangle trip to Miami."

Then followed an account of how the attorney made his business trip to New York and yet had time for relaxation in Miami via the triangle trip at little extra cost. Has attorney John Doe violated the Canons of Ethics?

23 Baylor L. Rev. 849 (1972)

ADVERTISING - USE OF ATTORNEY'S NAME AND PICTURE IN AIRLINE ADVERTISING
An attorney may not ethically permit an airline to use his name and picture as part of its newspaper advertising.

Canon 24.

The appearance of an attorney's name in an advertisement of a commercial institution has been approved with certain specific and strict limitations. See ABA Opinion 285 (September, 1951) and Texas Opinions 188 (October, 1958) and 283 (June, 1964). The present situation does not fall within those limitations, however, and if attorney John Doe knowingly permitted the Airline to use his name and picture there would be a clear violation of Canon 24. If the use was without his knowledge and consent he should promptly advise the Airline of his disapproval and terminate any further publication. (8-0.)

Tex. Comm. On Professional Ethics, Op. 320 (1966)