Can a Texas lawyer advertise academic degrees and areas of study, non-legal board certifications, and example case types under a practice-area heading?

Plain-English summary

The inquiry posed three advertising questions: whether a lawyer may publish degrees earned with the area of study, school, and graduation date; whether a lawyer may list certifications by nationally recognized boards in non-legal areas, and how to state them without misleading; and whether, in stating a practice area under DR 2-101(B), the lawyer may give illustrative case types under a general heading.

The Committee concluded that none of the Disciplinary Rules prohibits publishing non-legal degree information, and that although EC 2-10 lists schools, dates, and degrees without mentioning areas of study, areas of study may be included because they are not misleading and may help a person selecting a lawyer. Non-legal board certifications may likewise be listed, but to avoid holding oneself out as a specialist in related areas of law, they must be stated in plain factual terms without description or elaboration, with non-legal memberships listed by official name only.

On illustrative case types, the Committee explained that a lawyer may not hold himself out as a specialist except as permitted by DR 2-104 (patent and trademark) and DR 2-101(C). DR 2-101(C) permits describing a practice but requires the certification statement for each area: "Board Certified" with the area for a certified lawyer, "Not Certified by the Texas Board of Legal Specialization" for an uncertified lawyer, and, where the Board has not recognized the area, the latter statement plus an optional notice that no designation has been made. Because a hypothetical like "Workers' Compensation" falls within the recognized field of Personal Injury Trial Law, the Committee set out caveats keyed to whether the lawyer is certified in that subsuming field. By a vote recorded in the opinion, the Committee found all the information permissible if advertised according to these guidelines.

Currency note

This opinion was issued in 1984, under the former Texas Code of Professional Responsibility, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The Disciplinary Rules have since been amended, and Texas never adopted the ABA's Ethics 2000 framework. The current Texas rules on advertising and communication of fields of practice are in Part VII (Rules 7.02-7.04), with closest ABA analogs Model Rules 7.1 and 7.4. Subsequent rule changes 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 Texas lawyer advertise a degree's area of study and the school attended?

A: Per the opinion, yes. The Committee concluded that, although EC 2-10 does not list areas of study, publishing them is permissible because it is not misleading and may help a person selecting a lawyer.

Q: Can a lawyer list a non-legal board certification in an ad?

A: Yes, with a limit. The Committee concluded such certifications may be listed but must be stated in plain factual terms without description or elaboration, so the lawyer does not imply specialty status in a related area of law.

Q: Can a lawyer give example case types under a practice-area heading?

A: Yes, subject to the DR 2-101(C) certification statements. The Committee concluded a lawyer may describe a practice but must include the appropriate "Board Certified" or "Not Certified by the Texas Board of Legal Specialization" statement, with caveats where a listed sub-area falls within a recognized field like Personal Injury Trial Law.

Background and rules framework

The opinion interprets EC 2-10 (permissible advertising content), DR 2-101(B) and DR 2-101(C) (describing a practice and the required specialization statements), and DR 2-104 (patent and trademark) of the former Texas Code of Professional Responsibility. The closest current concepts are Texas Rules 7.02-7.04 and Model Rules 7.1 and 7.4. The analysis turns on stating non-legal credentials and sub-specialties without implying a recognized legal specialty.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.4 (communication of fields of practice and specialization)
• EC 2-10, DR 2-101(B), DR 2-101(C), DR 2-104, Texas Code of Professional Responsibility

See also

• TX Ethics Op. 428: Listing Fields of Law in a Legal Directory
• TX Ethics Op. 424: Advertising a Former Military-Attorney Title
• TX Ethics Op. 440: Specialization Claims on Firm Letterhead and Business Cards

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-418/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_418.pdf

Original opinion text

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

QUESTION PRESENTED

May a lawyer place in a public advertisement his degrees earned, the area of study of each degree, the school attended and the date of graduation?
May a lawyer list certifications by nationally recognized boards in non- legal areas in a public advertisement, and if this is permissible, what is the proper way for the attorney to express this in the advertisement so as not to be misleading?
In stating the area of law in which the attorney practices as described in DR 2-101(B), may the lawyer provide typical kinds of cases covered by each general category which will be illustrative of the broad heading? i.e., "Workers' Compensation--Silicosis, Lead Poisoning, and other Occupational Diseases" or "Real Property Law such as Deeds Prepared, Abstracting and Contracts for the Sale of Real Property."

DISCUSSION

None of the Disciplinary Rules of the Texas Code of Professional Responsibility explicitly prohibit publication of information relating to non- legal degrees earned. EC 2-10 does address advertising and allows one to state universities, colleges and law schools attended, with the date of graduation and degree thereafter; areas of study are not included. However, no prior opinions prohibit areas of study from being included, and there would be no valid reason to exclude this information since it would not be misleading and may be helpful to one selecting an attorney.

Similarly, nothing in the Code of Professional Responsibility would indicate that the lawyer is prohibited from listing certifications by nationally recognized boards in non-legal areas. The Committee perceives no valid reason for prohibiting this publication. However, to avoid misleading the public and holding one's self out as a specialist in areas of law related to the non-legal certification, the information should be stated in plain factual terms without description or elaboration thereof. Memberships in non-legal academic or professional associations or societies should be listed by official name of the organization only. And non-legal certifications should be stated without comment.

A lawyer may not hold himself out as a specialist except as permitted under DR's 2-104 and 2-101(C). DR 2-104 deals with patent and trademark attorneys, and is inapplicable to a description like, "Workers' Compensation--Silicosis, Lead Poisoning and other Occupational Diseases." DR 2-101(C) permits description of a practice, but requires an accompanying statement with regard to each area. If the attorney advertises an area of law in which he has a Texas Board of Legal Specialization Certificate of Special Competence, he must state: "Board Certified, (specific area of specialization)--Texas Board of Legal Specialization." If he is not Board certified, he must state, "Not Certified by the Texas Board of Legal Specialization." If the Board has not recognized the area of expertise, and the area is not encompassed within the scope of one of the recognized areas, the lawyer must print the latter statement, and may additionally state, "No designation has been made by the Texas Board of Legal Specialization for a Certificate of Special Competence in this area."

The hypothetical description listed above, although not a recognized area of specialization, comes within the recognized field of Personal Injury Trial Law. In such a situation, the Committee recommends the following guidelines. If the lawyer is Board certified in the subsuming area, he must so state, but should also insert the caveat, "Workers' Compensation (or whatever the subarea) is included in Personal Injury Trial law. However, no designation has been made in Workers' Compensation law as such." If the lawyer is not Board certified in the recognized subsuming area, he must state that he is, "Not certified in Personal Injury Trial law, which would include Workers' Compensation."

The Committee is of the opinion that all of the information inquired about is permissible. However, in order to avoid misleading the public, legal sub-specialties and non-legal certifications should be advertised only according to the guidelines set forth herein.

CONCLUSION

The Committee is of the opinion that all of the information inquired about is permissible. However, in order to avoid misleading the public, legal sub-specialties and non-legal certifications should be advertised only according to the guidelines set forth herein.

Tex. Comm. On Professional Ethics, Op. 418 (1984)