Can a Texas law firm put a non-lawyer private investigator's name, labeled 'investigator,' on its outdoor office sign alongside the firm name and the lawyers' names?
Apply this to your situation
This page answers the general question as of 1985. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.
Plain-English summary
The inquiry asked whether a law firm may place on its outdoor sign, which already shows the firm name, "law offices," and the lawyers' names, the name of a non-lawyer private investigator labeled "investigator" who works more than thirty hours a week for the firm on an independent-contract basis.
The Committee treated a firm's outdoor sign as publicity and advertising subject to DR 2-101. Applying DR 2-101(A) and the definition of a false or misleading communication in DR 2-101(A)(1), it concluded that including the investigator's name on the sign would violate DR 2-101(A) in two ways. First, listing the investigator's name alongside the lawyers' names would create a substantial probability that some readers would be misled into thinking the person labeled "investigator" was a licensed attorney performing specialized investigatory work as a lawyer in the firm. Second, the sign would mislead readers into thinking the investigator's operations were activities supervised by the firm's lawyers, rather than the work of a non-lawyer independent contractor.
The Committee held, 9-0, that it is not permissible for a law firm to include on its outdoor sign the name of an investigator who is an independent contractor and is not a lawyer.
Currency note
This opinion was issued in 1985, 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 firm names and signs are in Part VII (Rules 7.01-7.05), with closest ABA analogs Model Rules 7.1 and 7.5. 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 Treat this page as historical context, not current guidance.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 law firm put a non-lawyer investigator's name on its outdoor sign?
A: Per the opinion, no. The Committee concluded a firm may not include the name of a non-lawyer independent-contractor investigator on its outdoor sign, because the listing is misleading under DR 2-101(A).
Q: Why did the Committee find the sign misleading?
A: For two reasons. The Committee concluded that listing the investigator with the lawyers would create a substantial probability some readers would think the investigator was a licensed attorney in the firm, and that the sign would also convey the misleading impression that the investigator's work was supervised by the firm's lawyers rather than performed by a non-lawyer independent contractor.
Q: Did the "investigator" label cure the problem?
A: No. Even with the "investigator" label, the Committee concluded the sign would violate DR 2-101(A) because of the substantial probability that readers would still be misled as to the person's status and the supervision of the work.
Background and rules framework
The opinion interprets DR 2-101(A) of the former Texas Code of Professional Responsibility (barring false or misleading communications about the lawyer or the lawyer's services) and DR 2-101(A)(1) (defining a communication as false and misleading where it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement as a whole not materially misleading). The closest current concepts are Texas Rules 7.01-7.05 and Model Rules 7.1 and 7.5 on advertising and firm names. The analysis turns on whether the sign creates a substantial probability of misleading readers about the investigator's status and supervision.
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services)
- MR 7.5 (firm names and letterheads)
- DR 2-101(A), DR 2-101(A)(1), Texas Code of Professional Responsibility
See also
- TX Ethics Op. 437: Listing a Non-Lawyer Business Administrator on a Firm Sign
- TX Ethics Op. 436: Listing a Legal Assistant's Name and Certification on Letterhead
- TX Ethics Op. 438: Law Firm Employing a Non-Lawyer CPA for Unsupervised Tax Services
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-426/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_426.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Is it permissible under the Texas Code of Professional Responsibility for a law firm to place on its outside sign (which includes the firm name, the designation "law offices" and the names of attorneys) the name of non-lawyer private investigator, identified as "investigator," who devotes more than thirty hours per week of his working time to the law firm on and independent contract basis?
DISCUSSION
A law firm's outside sign constitutes publicity and advertising subject to the requirements of Disciplinary Rule ("DR") 2-101. DR 2-101(A) provides that "[a] lawyer shall not make, on behalf of himself, his partner, associate, or any other lawyer, any false or misleading communication about the lawyer or the lawyer's services." Under DR 2-101(A)(1), a communication is false and misleading if it "contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading . . . ."
In the opinion of the Committee, the inclusion on the law firm's outside sign of the name of a private investigator labeled "investigator" who works with a law firm on an independent contract basis would violate DR 2-101(A) in two respects. First, the inclusion of the name of the investigator with the names of lawyers would create the substantial probability that some readers of the sign would be misled into thinking that the person labeled "investigator" was also a licensed attorney who performed specialized investigatory functions as a lawyer in the law firm. Second, the sign would be materially misleading to a reader in conveying the impression that the operations of the "investigator" were activities supervised by lawyers of the law firm rather than being the activities of a non-lawyer independent contractor.
It is not permissible under the Texas Code of Professional Responsibility for a law firm to include on an outdoor sign for the law firm the name of an investigator who is an independent contractor and is not a lawyer. (9-0)
CONCLUSION
It is not permissible under the Texas Code of Professional Responsibility for a law firm to include on an outdoor sign for the law firm the name of an investigator who is an independent contractor and is not a lawyer. (9-0)
Tex. Comm. On Professional Ethics, Op. 426 (1985)
Get today's answer for your situation
You just read a 1985 opinion on this question. Ezel checks the current Texas Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.