Can a lawyer display a placard in an auto body repair shop alerting the public to the availability of legal assistance?

Plain-English summary

The Committee was asked whether displaying a placard that alerts the public to the availability of legal assistance, placed in an auto body repair shop, is a permissible form of professional advertising. The Committee noted that EC 2-10 recognizes publishing certain information in any advertising media, including printed media, radio, and television, and that although the EC 2-10 definition of printed media does not list placards (it lists mail, newspapers, magazines, classified telephone directories, legal directories, and law lists), DR 2-103 authorizes a lawyer to advertise in the public media within the limits of DR 2-101, so long as the communication does not take place in person or by telephone.

The Committee concluded that the placard display is a permissible form of professional advertising, so long as the provisions of DR 2-101, DR 2-102, and DR 2-103 are not violated.

Currency note

This opinion was issued in 1988, 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, including the comprehensive 2021 revisions adopted by Texas Supreme Court order, and Texas never adopted the ABA's Ethics 2000 framework. Lawyer-advertising rules in particular have been substantially revised. 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 Treat this page as historical context, not current guidance.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 put an advertising placard in a repair shop?

A: The Committee concluded yes. A placard alerting the public to the availability of legal assistance is a permissible form of professional advertising, so long as DR 2-101, DR 2-102, and DR 2-103 are not violated.

Q: Does it matter that placards are not listed as a media type in the rules?

A: Per the opinion, no. Although the EC 2-10 definition of printed media does not mention placards, DR 2-103 authorizes advertising in the public media within DR 2-101's limits, provided the communication is not in person or by telephone.

Background and rules framework

The opinion interprets DR 2-101, DR 2-102, and DR 2-103 of the former Texas Code of Professional Responsibility (lawyer advertising in the public media; analogous to ABA Model Rule 7.2), informed by EC 2-10's recognition of advertising media. The analysis treats a placard as a form of permissible public-media advertising subject to the general advertising rules.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising)
• DR 2-101, DR 2-102, DR 2-103, Texas Code of Professional Responsibility (lawyer advertising in the public media)
• EC 2-10, Texas Code of Professional Responsibility (advertising media)

See also

• TX Ethics Op. 462: Lawyer-Provided Magazines in a Business Waiting Room
• TX Ethics Op. 460: Employing a Public Relations Agency to Publicize a Law Firm
• TX Ethics Op. 507: Targeted Newspaper Ad and Reciprocal Referral Letter to a Layperson

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-456/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_456.pdf

Original opinion text

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

QUESTION PRESENTED

Is the display in an auto body repair shop of a placard which alerts the public to the availability of legal assistance a permissible form of professional advertising?

DISCUSSION

EC 2-10 recognizes and approves the publication of certain information enumerated therein in any advertising media, including printed media, radio or television. While placards are not mentioned in the definition of printed media in EC 2-10, it does include mail, newspapers, magazines, classified telephone directories, legal directories and law lists. DR 2-103 specifically authorizes a lawyer to advertise in the public media within the limits of DR 2-101, so long as the advertising communication does not take place in person or by telephone.

CONCLUSION

The display in an auto body repair shop of a placard, which alerts the public to the availability of legal assistance, is a permissible form of professional advertising, so long as the provisions of DR 2-101, DR 2-102 and DR 2-103 are not violated.

Tex. Comm. On Professional Ethics, Op. 456 (1988)