Can a lawyer send holiday greetings to the general public through radio spots, newspaper ads, or circulars?
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This page answers the general question as of 1966. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.
Plain-English summary
The question was whether it is unethical for an attorney to extend holiday greetings to the general public by radio spot announcements, newspaper advertisements, circulars, or other advertising media.
The Committee held that it is. Such greetings have no apparent purpose except advertising and solicitation and clearly violate Canon 24.
The Committee added that it makes no difference whether the attorney merely states his name or further identifies himself as a lawyer; in either case the obvious purpose is to advertise the lawyer, at least indirectly, and thereby seek professional employment. 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 Treat this page as historical context, not current guidance.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 run holiday greetings to the public on the radio or in a newspaper?
A: The Committee said no: holiday greetings to the general public through radio spots, newspaper ads, circulars, or other advertising media have no apparent purpose except advertising and solicitation and clearly violate Canon 24.
Q: Does it matter if the greeting only states the lawyer's name and not that he is a lawyer?
A: No. The Committee said it makes no difference; in either case the obvious purpose is to advertise the lawyer, at least indirectly, and seek professional employment.
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)
See also
- TX Ethics Op. 320: Use of an Attorney's Name and Picture in Airline 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-322/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_322.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Is it unethical for an attorney to extend holiday greetings to the general public by radio spot announcements, newspaper advertisements, circulars or other advertising media?
23 Baylor L. Rev. 851 (1972)
ADVERTISING - HOLIDAY GREETINGS TO THE PUBLIC BY LAWYERS THROUGH RADIO SPOT ANNOUNCEMENTS, NEWSPAPER ADVERTISEMENTS AND CIRCULARS
It is unethical for an attorney to extend holiday greetings to the general public by radio spot announcements, newspaper advertisements, circulars or other advertising media.
Canon 24.
Holiday greetings extended by an attorney to the general public through radio spot announcements, newspaper advertisements, circulars or other advertising media have no apparent purpose except advertising and solicitation and clearly violate Canon 24. It makes no difference whether an attorney merely states his name or further identifies himself as a lawyer; in either case, the obvious purpose is to advertise the lawyer, at least indirectly, and thereby seek professional employment. (8-0.)
Tex. Comm. On Professional Ethics, Op. 322 (1966)
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