Can a lawyer print a slogan like 'see an attorney first, and save' across the top of his professional card?

Plain-English summary

The inquiry asked whether it was ethical for an attorney to print, in bold black letters at the top of an otherwise usual personal card, the line "If a deal is to be made where legal advice is needed see an attorney first, and save."

The Committee was of the opinion that the quoted language is unethical and violates Texas Canon 24 (solicitation, direct or indirect) and Canon 39 (professional card). It pointed to its own earlier Opinions 31 and 40 and to American Bar Association Canons 27 and 43. The vote was 9-0.

Currency note

This opinion was issued in 1952, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The advertising restriction the opinion applies predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which held that categorical bans on lawyer advertising violate the First Amendment, so the Canon framework used here has since been substantially narrowed; truthful communications and solicitation are now addressed by ABA Model Rules 7.1 and 7.3. Treat this page as historical context, not current guidance.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 add a slogan to his professional card?

A: No. The Committee found the "see an attorney first, and save" slogan unethical under Canons 24 and 39 (9-0).

Q: What made this card improper rather than a permissible professional card?

A: The bold solicitation slogan went beyond the limited contents Canon 39 allowed and amounted to solicitation under Canon 24.

Background and rules framework

The opinion interprets former Texas Canons 24 (solicitation) and 39 (professional card), with reference to Texas Opinions 31 and 40 and ABA Canons 27 and 43, applied to a slogan printed atop a lawyer's card. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.3 (solicitation of clients).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canons 24 (solicitation), 39 (professional card)
• ABA Canons 27 and 43

Other opinions cited:

• Texas Ethics Opinions 31 and 40: cited as comparison

See also

• TX Ethics Op. 60: Lawyer's Newspaper Card With Tenure
• TX Ethics Op. 73: Reply Card Soliciting Insurer Work
• TX Ethics Op. 62: Lawyer's Yellow-Pages 'Title Service' Ad

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-54/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_54.pdf

Original opinion text

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

QUESTION PRESENTED

Is it ethical for an attorney to have printed in bold, black letters at the top of his personal card, which is otherwise in the usual and customary form, the following: "If a deal is to be made where legal advice is needed see an attorney first, and save."?

18 Baylor L. Rev. 219 (1966)

SOLICITATION - PROFESSIONAL CARD
An attorney may not have at the top of his professional card "If a deal is to be made where legal advice is needed see an attorney first and save."

Canons 24. 39. A.B.A. Canons 27, 43.

It is the opinion of the committee that the use of the language quoted is unethical and violative of Texas Canons 24 (Solicitation. Direct or Indirect) and 39 (Professional Card).
See also the committee's opinions numbered 31 and 40 and American Bar Association Canons No. 27 and 43. (9-0)

Tex. Comm. On Professional Ethics, Op. 54 (1952)