Can a lawyer list up to three fields of law in a legal directory like Martindale-Hubbell without a board-certification disclaimer?

Plain-English summary

The inquiry asked whether an attorney may list in the Martindale-Hubbell Legal Directory, in addition to the usual biographical information, up to three fields of law to which the attorney devotes considerable time. The Committee noted that Canon 2 calls on lawyers to help make legal counsel available, and that providing information about a lawyer's fields aids that duty.

The Committee explained that even under DR 2-102, as amended in 1982 by the advertising rules, a listing in a reputable law list or legal directory could include the fields of law in which the lawyer or firm concentrates or a statement that the practice is limited to particular fields. It relied on DR 2-104(3), effective September 1, 1982, which allows a lawyer available to practice in a particular area to publish in legal directories a dignified announcement of that availability, provided it does not represent special competence or expertise.

The Committee concluded that DR 2-104(3) is an exception to the disclaimer requirement concerning board certification, so the listing may be made without a disclaimer. It held that a lawyer may list in Martindale-Hubbell the fields of law to which the lawyer devotes considerable time, whether or not board certified in those fields, with no disclaimer as to Texas Board of Legal Specialization certification required, by a 9-0 vote.

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 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 Treat this page as historical context, not current guidance.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 lawyer list fields of law in a legal directory?

A: Per the opinion, yes. The Committee concluded a lawyer may list in Martindale-Hubbell the fields of law to which the lawyer devotes considerable time.

Q: Is a board-certification disclaimer required?

A: No. The Committee held DR 2-104(3) is an exception to the disclaimer requirement, so no disclaimer as to Texas Board of Legal Specialization certification is needed for such a directory listing.

Q: Does the lawyer have to be board certified to list a field?

A: No. The Committee concluded the listing may be made whether or not the lawyer is board certified in the listed field, provided it does not represent special competence or expertise.

Background and rules framework

The opinion interprets DR 2-104(3) of the former Texas Code of Professional Responsibility (a dignified announcement of availability in legal directories, without representing special competence) and DR 2-102 (permissible law-list and directory listings), in light of Canon 2. The closest current concepts are Texas Rules 7.02-7.04 and Model Rules 7.1 and 7.4 on advertising and communication of fields of practice. The analysis turns on the directory-availability listing being an exception to the certification-disclaimer requirement.

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)
• DR 2-104(3), DR 2-102, Texas Code of Professional Responsibility

See also

• TX Ethics Op. 440: Specialization Claims on Firm Letterhead and Business Cards
• TX Ethics Op. 462: Lawyer-Provided Waiting-Room Magazines

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-428/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_428.pdf

Original opinion text

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

QUESTION PRESENTED

May an attorney, in addition to the usual biographical information, list in Martindale-Hubbell Legal Directory up to three fields of law to which the attorney devotes considerable time?

DISCUSSION

Canon 2 provides that a lawyer should assist the legal profession in fulfilling its duty to make legal counsel available. Providing information as to the fields of law in which a lawyer devotes considerable time is certainly an aid in fulfilling the duty to make legal counsel available. Even under DR 2- 102, which was amended in 1982 by the advertising rules, it was permissible to have "a listing in a reputable law list or legal directory giving brief biographical and other information data . . . . The publicized data may include only the following: . . . one or more fields of law in which the lawyer or law firm concentrates; the statement that practice is limited to one or more fields of law . . . ." The advertising rules which became effective September 1, 1982, provide in DR 2-104(3) "a lawyer available to practice in a particular area of law or legal service may distribute to other lawyers and publish in legal directories a dignified announcement of such availability, but the announcement shall not contain a representation of special competence or expertise." DR 2- 104(3) is an exception to the disclaimer concerning board certification. Therefore, such listing may be made without disclaimer.

CONCLUSION

A lawyer may list in Martindale-Hubbell fields of law to which the lawyer devotes considerable time, whether or not the lawyer is board certified in said field or fields, and no disclaimer as to certification by the Texas Board of Legal Specialization is required. (9-0)

Tex. Comm. On Professional Ethics, Op. 428 (1985)