Can a lawyer send Christmas cards imprinted with the law-office name or "Attorney at Law" to clients or the public, or only to other lawyers?

Plain-English summary

The Committee was asked two questions: whether a lawyer could send Christmas cards imprinted with "Law Offices of John Doe" or "John Doe, Attorney at Law" (1) to clients or the general public, and (2) to other attorneys.

On the first question, the Committee concluded the practice was improper. It read DR 2-101(A), which bars a lawyer from participating in any form of public communication calculated to attract lay clients, to cover Christmas cards, reasoning that business firms send Christmas cards to build good will and sales, an attitude prohibited when the cards are sent to attract lay clients (citing Opinion 168). It added that a general mailing to social acquaintances and the general public could violate DR 2-101(B), which barred a lawyer from publicizing himself as a lawyer through commercial publicity (citing Opinion 322 and ABA Opinion 107). On the second question, the Committee concluded there was no prohibition on sending such a card to another attorney.

Currency note

This opinion was issued in 1974, 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 lawyer advertising violate the First Amendment; the flat prohibition the opinion applied has since been substantially narrowed, and lawyer advertising is now governed by Texas Rules 7.01 to 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 Treat this page as historical context, not current guidance.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: Could a lawyer send law-office Christmas cards to clients or the general public?

A: No. The Committee concluded that a Christmas card imprinted with a law-office signature is public communication calculated to attract lay clients, prohibited by DR 2-101.

Q: Could the lawyer send such cards to other attorneys?

A: Yes. The Committee concluded there was no prohibition on sending a law-office Christmas card to another attorney.

Q: Which rule did the Committee rely on?

A: DR 2-101(A), barring public communication calculated to attract lay clients, and DR 2-101(B), barring commercial self-publicity, applied to a general mailing to the public.

Background and rules framework

The opinion interprets DR 2-101 of the former Texas Code of Professional Responsibility, which prohibited public communications calculated to attract lay clients and commercial self-publicity. The Committee treated a law-office-imprinted Christmas card to the public as within that prohibition while leaving cards to other lawyers unrestricted. The framework reflects the pre-Bates posture; the modern analogs are Texas Rules 7.01 to 7.04 and ABA Model Rules 7.1 and 7.2.

Citations and references

Rules of Professional Conduct:

• MR 7.1, MR 7.2 (communications and advertising concerning a lawyer's services), as the modern analogs
• DR 2-101(A), DR 2-101(B) (former Texas Code of Professional Responsibility)

Other opinions cited:

• Tex. Comm. on Professional Ethics, Op. 168; Op. 322
• ABA Opinion 107

See also

• TX Ethics Op. 379: Naming a Building Owned by Attorneys "Justice Plaza"
• TX Ethics Op. 414: Mail Advertising and Personalized Direct-Mail Solicitation
• TX Ethics Op. 420: Mailed Brochure to Named Addressees: Advertising, Not Solicitation

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-372/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_372.pdf

Original opinion text

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

QUESTION PRESENTED

SOLICITATION - ADVERTISING - CHRISTMAS CARD
It is improper for an attorney to send Christmas cards which state that he is a practicing attorney either on the card or on the envelope to clients or the general public, though such a card may be sent to another attorney.

DR 2-101

QUESTION 1
Is it permissible for a lawyer to send Christmas cards imprinted with the signature "Law Offices of John Doe" or "John Doe, Attorney at Law" to his clients or the general public?

QUESTION 2
Is it permissible for a lawyer to send Christmas cards imprinted with the signature "Law Offices of John Doe" or "John Doe, Attorney at Law" to other attorneys?

STATEMENT OF FACTS

QUESTION 1
DR 2-101 (A) provides that "A lawyer shall not . . . participate in the use of any form of public communication . . . calculated to attract lay clients . . ." The term "public communication" would include Christmas cards. Business firms that send out Christmas cards do so with the intention of building customer good will and sales. This attitude is prohibited by DR 2-101, since the cards would be sent "to attract lay clients." (Opinion 168). A general mailing to social acquaintances and other members of the general public could violate DR 2-101 (B) which states, "A lawyer shall not publicize himself . . . as a lawyer through . . . commercial publicity . . ." (Opinion 322, ABA Opinion 107).

QUESTION 2
There is no prohibition on such communication.

Tex. Comm. On Professional Ethics, Op. 372 (1974)