Can a lawyer who is also a state legislator list both 'Attorney at Law' and 'State Senator' on the office door and building directory?

Plain-English summary

The inquiry asked whether a member of the State Bar who is also a State Senator could list, in the directory of his office building and on his office door, his name followed by "Attorney at Law" and also his name followed by "State Senator."

Three members of the Committee thought any advertising element in adding "State Senator" was so slight that it was outweighed by the convenience to people looking for the State Senator and should not violate the Canons. The majority disagreed, holding that such designations are not authorized by Canon 39 and would constitute advertising in violation of Canon 24.

The Committee grounded the result in prior authority: Drinker, Legal Ethics (noting that the rule for shingles is now the same as for letterheads); Opinion 11, holding a lawyer may not state on his professional card that he is a State Senator or Representative; Opinion 282, framing the test as whether a shingle is calculated to help persons looking for an already-selected lawyer find him or instead to attract persons looking for a lawyer generally; and Opinion 285, that a shingle should simply identify the person as an attorney. Consistent with those rulings, the Committee held that a lawyer may not be designated both as an attorney and as State Senator on his building directory and office door. The vote was 6-3.

Currency note

This opinion was issued in 1967, 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 Treat this page as historical context, not current guidance.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 who is also a legislator put "State Senator" on the office shingle?

A: The majority said no. It held the designation is not authorized by Canon 39 and constitutes advertising in violation of Canon 24, on both the office door and the building directory.

Q: What is the test the Committee applied to a shingle?

A: Per Opinion 282, the test is whether the shingle is calculated to enable persons looking for an already-selected lawyer to find him, rather than to attract the attention of persons looking for a lawyer generally; per Opinion 285, a shingle should simply identify the person as an attorney.

Q: Was the decision unanimous?

A: No. The vote was 6-3; three members thought the advertising element was so slight that it was outweighed by the convenience to people looking for the State Senator.

Background and rules framework

The opinion interprets former Texas Canon 24 (advertising and solicitation) and Canon 39 (permitted contents of a professional card and shingle). The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.5 (firm names and professional designations).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.5 (firm names and letterhead), as the modern analog
• Texas Canons 24 and 39 (former canons)

Other opinions cited:

• Texas Opinions 11 (February 1948), 282 (March 1964), and 285 (June 1964)

Other references:

• Drinker, Legal Ethics, page 231

See also

• TX Ethics Op. 354: Using the Title "Judge" on a Lawyer's Professional Card
• TX Ethics Op. 356: District Attorney's Official Stationery in Private Practice
• TX Ethics Op. 344: Use of the Titles "Doctor" and "J.D." by a Lawyer

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-333/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_333.pdf

Original opinion text

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

QUESTION PRESENTED

Is it proper for a member of the State Bar, who is a State Senator, to list in the directory of the building in which he offices, and to place on his office door, his name followed by his title "Attorney at Law" and also his name followed by his title "State Senator"?

23 Baylor L. Rev. 865 (1972)

ADVERTISING - SHINGLE AND BUILDING DIRECTORY
It is improper for an attorney who is also a State Senator to place in his building directory and on his office door his title "State Senator" as well as "Attorney at Law."

Canons 24, 39.

Three members of the Committee feel that while there may be a certain amount of advertising in the listing of "State Senator" as well as "Attorney" on the building director' and office door, the element of advertising is so slight that it is outweighed by the convenience afforded to people looking for the State Senator, and should not constitute a violation of any of the Canons. The majority of the Committee, however, feds that such designations are not authorized by. Canon 39 and would constitute advertising in violation of Canon 24.

In Drinker, Legal Ethics, page 231, it is stated that "while some years ago the American Bar Association approved certain designations on the shingles which it did not sanction on a letterhead, the rule is now the same for both." In Opinion 11 (February, 1948), this Committee ruled that an attorney may not state on his professional card that he is a State Senator or State Representative and consistent with the recent opinions of the American Bar Association Professional Ethics Committee we stated in Opinion 282 (March, 1964) that the test is whether the sign (shingle) is intended to and calculated to enable persons looking for a lawyer, already selected, to find him, or to attract the attention of persons who might be looking for a lawyer but not for that particular lawyer. We further said, in Opinion 285 (June, 1964), that a shingle should simply identify the person as an attorney. Consistent with those rulings we here hold that an attorney may not be designated both as an attorney and as State Senator on his building directory and his office door. (6-3.)

Tex. Comm. On Professional Ethics, Op. 333 (1967)