Can a lawyer share office space with an abstract and title company and do all of the company's legal work?

Plain-English summary

The inquiry described a member of a law firm who kept an office in the same quarters as an abstract and title company, with his name on the window beneath the word "Attorney" and a telephone-directory listing at the company's address and telephone number. His firm did all the company's work, including the legal papers for title policies. The company never refused to let a customer use his own attorney, but never voluntarily advised customers that they could.

A majority of the committee concluded that, although it was aware of the controversy over abstract and title companies engaging in the unauthorized practice of law (and was in full accord with decisions such as Hexter Title and Abstract Co. v. Grievance Committee and Stewart Abstract Company v. Judicial Committee), the sparse facts stated were not sufficient to bring the situation within the holdings of those cases, and did not present a violation of the Texas Canons. The vote was 7-2.

Currency note

This opinion was issued in 1951, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Subsequent rule amendments or later opinions may have changed the analysis; assisting the unauthorized practice of law is now addressed by ABA Model Rule 5.5, and law-office signage and listings by Model Rule 7.5. Treat this page as historical context, not current guidance.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 office with a title company and still display his name and directory listing there?

A: On these facts, yes. The committee held (7-2) that the shared quarters, the window sign over "Attorney," and the directory listing at the company's address did not violate the Canons.

Q: Did it matter that the company never told customers they could use their own lawyer?

A: The committee's majority treated as decisive that the company never refused to let a customer use his own attorney; it found the sparse facts insufficient to show a violation, even though the company did not volunteer that option.

Q: Did the committee approve of title companies practicing law?

A: No. The committee said it was aware of the unauthorized-practice controversy and in full accord with the cited decisions, but concluded the limited facts here did not bring the lawyer's arrangement within those holdings.

Background and rules framework

The opinion interprets former Texas Canon 43, applied to a lawyer's office-sharing and listing arrangement with a lay business. The modern analogs are ABA Model Rule 5.5 (unauthorized practice of law and assisting nonlawyers in it) and Model Rule 7.5 (firm names, signs, and letterheads). The committee measured the facts against contemporaneous Texas unauthorized-practice decisions.

Citations and references

Rules of Professional Conduct:

• MR 5.5 (unauthorized practice of law), as the modern analog
• MR 7.5 (firm names and letterheads), as the modern analog
• Texas Canon 43

Cases:

• Hexter Title and Abstract Co. v. Grievance Committee, 179 S.W. (2) 946, on abstract and title companies and the unauthorized practice of law
• Stewart Abstract Company v. Judicial Committee, 131 S.W. (2) 686, on abstract and title companies and the unauthorized practice of law

See also

• TX Ethics Op. 50: Listing an Unadmitted Associate on a Firm Letterhead
• TX Ethics Op. 41: Union Legal-Aid Intake and Solicitation

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-42/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_42.pdf

Original opinion text

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

QUESTION PRESENTED

A member of a firm of attorneys maintains an office in the same quarters with an abstract and title company. His name appears on the window, with the word "Attorney" beneath it, and he is listed in the telephone directory as having an office at the same address, and with the same telephone number, as the abstract and title company.

His firm does all the work for the abstract and title company. Also, almost without exception, the legal papers required in connection with title policies are drawn by this firm of attorneys. The abstract and title company has never refused to permit a customer to have such papers prepared by the customer's own attorney, but has never voluntarily advised such customer that he might use his own attorney.

Is the practice, as above set forth, in violation of the Texas Canon of Legal Ethics?

18 Baylor L. Rev. 214 (1966)

UNAUTHORIZED PRACTICE OF LAW - ABSTRACT AND TITLE COMPANIES
A member of a law firm may maintain an office in the same quarters with an abstract and title company. His name may appear on the window above the word "attorney" and he may be listed in the telephone directory as having an office with the same address and telephone number as the company. His firm may do all the work for the company, including the legal papers required in connection with title policies, although the company never voluntarily advises a customer that he might use his own attorney, provided the company never refuses to permit the customer to have the papers prepared by his own attorney.

Canon 43.

While this committee is well aware of the controversy which exists as to abstract and title companies engaging in the unauthorized practice of law, and are in full accord with the decisions in such cases as Hexter Title and Abstract Co. v. Grievance Committee, 179 S.W. (2) 946, and Stewart Abstract Company v. Judicial Committee, 131 S.W. (2) 686, a majority of its members do not feel that the rather sparse facts stated in the above question are sufficient to bring that situation within the holdings of those cases. Nor do they find that such state of facts presents a violation of the Texas Canons of Ethics. (7-2)

Tex. Comm. On Professional Ethics, Op. 42 (1951)