Can a lawyer list in the yellow pages of more than one telephone directory in a metro area, and what counts as a 'significant part' of the lawyer's clientele?

Plain-English summary

The Committee was asked whether it is improper for an attorney to contract for yellow-pages listings in the telephone directories of a metropolitan area served by more than one telephone company and more than one directory, and what constitutes a "significant part" of the clientele in connection with such listings.

Applying DR 2-102(A)(5), the Committee concluded that an attorney may have a listing in the alphabetical and classified sections of the directory or directories for the metropolitan area in which the lawyer resides, maintains his office, or in which a significant part of his clientele resides. The listing may give only the name of the lawyer, the fact that he is a lawyer, his address, and his telephone number; it may not be in distinctive form or type and must appear in the classified section under the proper heading. The Committee added that the telephone directory is to be used only to facilitate communication between telephone users, not to permit lawyers to advertise, and that subsection (5), being an exception, should be strictly construed.

On the second question, the Committee said that what constitutes a metropolitan or geographical area is a fact question for the Grievance Committee or other body deciding it, and that what is a significant part of a lawyer's clientele is likewise a fact question: one lawyer may have a single client supplying essentially all of his work, while another may have many clients each supplying a small amount.

Currency note

This opinion was issued in 1973, under the former Texas Code of Professional Responsibility, 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 held that categorical bans on truthful lawyer advertising violate the First Amendment; the restrictive limits this opinion describes were substantially loosened by that decision and the rules adopted after it. Lawyer advertising is now governed by Texas Rules 7.01-7.04 and ABA Model Rules 7.1 and 7.2. 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 Treat this page as historical context, not current guidance.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: May a lawyer list in more than one directory in a metro area?

A: Yes, within limits. The Committee concluded a lawyer may list in the directories for the metro area where he resides, maintains an office, or has a significant part of his clientele.

Q: What may the listing contain?

A: Only the lawyer's name, the fact that he is a lawyer, his address, and his telephone number; it may not be in distinctive form or type and must be in the classified section under the proper heading.

Q: What counts as a "significant part" of the clientele?

A: The Committee said this is a fact question. One lawyer may have a single client supplying essentially all of his work, while another may have many clients each supplying a small amount; the metro or geographical area is likewise a fact question for the Grievance Committee.

Background and rules framework

The opinion interprets DR 2-102(A)(5) of the former Texas Code of Professional Responsibility, which permitted limited directory listings as a strictly construed exception to the general bar on lawyer advertising. The modern analogs are Texas Rules 7.01-7.04 and ABA Model Rules 7.1 (communications about a lawyer's services) and 7.2 (advertising), adopted after constitutional limits on advertising restrictions changed.

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
• DR 2-102(A)(5) (former Texas Code of Professional Responsibility)

See also

• TX Ethics Op. 386: Telephone Directory Listings for Lawyers
• TX Ethics Op. 370: Local Bar Roster Listing Members' Fields of Practice
• TX Ethics Op. 383: Office Signs or Placards Stating the Nature of a Practice

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-362/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_362.pdf

Original opinion text

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

QUESTION PRESENTED

Is it improper for an attorney to contract for listings in the yellow pages of the telephone directories in a metropolitan area which is served by more than one telephone company and has more than one telephone directory?
What constitutes a significant part of the clientele when used in connection with such listings?

An attorney may have a listing in the alphabetical and classified sections of the telephone directory or directories for the metropolitan area in which the lawyer resides or maintains his office or in which a significant part of his clientele resides, but the listing may give only the name of the lawyer, the fact he is a lawyer, address and telephone number and shall not be in distinctive form or type and shall be in the classified section under the proper heading. See DR2-102 (A)(5) Texas Code of Professional Responsibility.

The telephone directory is to be used only for the purpose of facilitating communication between persons using the telephone and not for the purpose of permitting lawyers to advertise. Sub-section (5) of Section (A) of DR2-102 being an exception, should be strictly construed.

The determination of what constitutes a metropolitan or geographical area is a fact question to be determined by the Grievance Committee or other body passing on such question.

What is a significant part of the clientele of a lawyer, is likewise a fact question. One lawyer may have one client who has sufficient work to constitute essentially all of his clientele, while another lawyer might have a great number of clients due to the small amount of work from each.

A listing of a lawyer in the alphabetical and classified sections of the telephone directory or directories for the metropolitan area in which the lawyer resides or maintains his office or in which a significant part of his clientele resides is proper.

Tex. Comm. On Professional Ethics, Op. 362 (1973)