In which telephone directories may a Texas lawyer list a number, and how many numbers may the lawyer list?

Plain-English summary

The inquiry asked in which telephone directories a lawyer may list a number, and how many numbers the lawyer may list. The Committee concluded that a lawyer may list his number in any telephone directory that covers the geographical area where he resides, where he maintains an office, or where a significant portion of his clientele resides.

The Committee said an individual lawyer may appear in both the alphabetical and classified sections of the directory of the city where his office is located, and in both sections of each directory covering any of those qualifying areas. The number of directory-covered areas in which the lawyer has such contacts therefore determines how many directory listings he may have. What constitutes a significant part of a lawyer's clientele is a question of fact in each case, citing Opinion 361. The Committee added that directory listings may be justified only for the convenience of the public and may never be used for the purpose of advertising or solicitation.

On the number of listings, the Committee concluded that a lawyer may list no more than two telephone numbers in any directory, unless he has more than one office in the geographical area the directory covers, in which event he may give one listing for each office.

Currency note

This opinion was issued in 1976, 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 lawyer advertising is commercial speech protected by the First Amendment; the opinion's premise that directory listings may never serve advertising or solicitation no longer reflects the law. Lawyer advertising in Texas is now governed by the Rule 7 series (Rules 7.01 through 7.06, as revised in 2021), with ABA analogs 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 Treat this page as historical context, not current guidance.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: In which telephone directories could a lawyer list a number under this opinion?

A: The Committee concluded a lawyer may list in any directory covering the area where he resides, where he maintains an office, or where a significant portion of his clientele resides.

Q: How many numbers could a lawyer list in one directory?

A: Per the opinion, no more than two, unless the lawyer has more than one office in the area the directory covers, in which case he may give one listing per office.

Q: Could a lawyer appear in both the alphabetical and classified sections?

A: Yes. The Committee said an individual lawyer may be listed in both the alphabetical and classified sections of each qualifying directory.

Background and rules framework

The opinion interprets DR 2-102(A)(5) of the former Texas Code of Professional Responsibility, which governed permitted directory listings, on the premise then in force that such listings served the convenience of the public rather than advertising or solicitation. The Committee tied the number of permissible listings to the lawyer's geographic contacts (residence, office, and significant clientele). Because the opinion predates Bates v. State Bar of Arizona and the modern advertising rules, the closest current provisions are the Texas Rule 7 series and ABA Model Rules 7.1 and 7.2.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications about a lawyer's services); MR 7.2 (advertising), as the modern analogs
• DR 2-102(A)(5) (former Texas Code of Professional Responsibility)

Cases:

• Bates v. State Bar of Arizona, 433 U.S. 350 (1977), lawyer advertising is protected commercial speech (decided after this opinion; noted in the currency note)

Other opinions cited:

• Tex. Comm. on Professional Ethics, Op. 361: what constitutes a significant part of a lawyer's clientele is a question of fact

See also

• TX Ethics Op. 416: Paying to Be Listed in a Local Law Directory
• TX Ethics Op. 427: Paid Listings on Telephone-Book Covers and City Maps
• TX Ethics Op. 420: Mailed Brochure to Named Addressees Is Advertising, Not Solicitation

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-386/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_386.pdf

Original opinion text

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

QUESTION PRESENTED

DR 2-102 (A) (5)

In which telephone directories may a lawyer list his telephone number?

How many telephone numbers may a lawyer list in the telephone directory?

STATEMENT OF FACTS

TELEPHONE DIRECTORY LISTINGS

A lawyer may list his telephone number in any telephone directory that includes the geographical area where he resides, where he maintains an office, and where a significant portion of his clientele resides. However, he may list no more than two telephone numbers unless he has more than one office in the geographical area covered by the telephone directory, in which event he can give one listing for each office.

An individual lawyer may be listed in both the alphabetical and classified sections of the telephone directory, or the directories, of the city in which his office is located. In addition, he may also properly be listed in both the alphabetical and classified sections of each directory which includes or covers any of the following geographical areas: The area in which the lawyer resides, the area in which he maintains an office, and the area in which a significant portion of his clientele resides. It is, therefore, the number of directory-covered geographical areas in which the lawyer has such contacts or relationships which determines the number of directory listings he may properly have. Directory listings should never be for the purpose of advertising or solicitation but should be for convenience of the public. What constitutes a significant part of the clientele of a lawyer is a question of fact to be determined in each case. (See Opinion 361). Directory listings may only be justified for the convenience of the public and may never be used for the purpose of advertising or solicitation.

A lawyer may list no more than two telephone numbers in any telephone directory unless he has more than one office in the geographical area covered by the telephone directory, in which event he can give one listing for each office.

Tex. Comm. On Professional Ethics, Op. 386 (1976)